15.9.2009
EN
Official Journal of the European Union
L 243/1
I
(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)
REGULATIONS
REGULATION (EC) No 810/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 13 July 2009
establishing a Community Code on Visas
(Visa Code)
facilitating legitimate travel and tackling illegal immi­
gration through further harmonisation of national legis­
lation and handling practices at local consular missions’,
as defined in the Hague Programme: strengthening
freedom, security and justice in the European Union (4).
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,
Having regard to the Treaty establishing the European
Community, and in particular Article 62(2)(a) and (b)(ii) thereof,
(4)
Member States should be present or represented for visa
purposes in all third countries whose nationals are
subject to visa requirements. Member States lacking
their own consulate in a given third country or in a
certain part of a given third country should endeavour
to conclude representation arrangements in order to
avoid a disproportionate effort on the part of visa
applicants to have access to consulates.
(5)
It is necessary to set out rules on the transit through
international areas of airports in order to combat illegal
immigration. Thus nationals from a common list of third
countries should be required to hold airport transit visas.
Nevertheless, in urgent cases of mass influx of illegal
immigrants, Member States should be allowed to
impose such a requirement on nationals of third
countries other than those listed in the common list.
Member States’ individual decisions should be reviewed
on an annual basis.
(6)
The reception arrangements for applicants should be
made with due respect for human dignity. Processing
of visa applications should be conducted in a profes­
sional and respectful manner and be proportionate to
the objectives pursued.
(7)
Member States should ensure that the quality of the
service offered to the public is of a high standard and
follows good administrative practices. They should
allocate appropriate numbers of trained staff as well as
sufficient resources in order to facilitate as much as
possible the visa application process. Member States
should ensure that a ‘one-stop’ principle is applied to
all applicants.
Having regard to the proposal from the Commission,
Acting in accordance with the procedure laid down in
Article 251 of the Treaty (1),
Whereas:
(1)
In accordance with Article 61 of the Treaty, the creation
of an area in which persons may move freely should be
accompanied by measures with respect to external border
controls, asylum and immigration.
(2)
Pursuant to Article 62(2) of the Treaty, measures on the
crossing of the external borders of the Member States
shall establish rules on visas for intended stays of no
more than three months, including the procedures and
conditions for issuing visas by Member States.
(3)
As regards visa policy, the establishment of a ‘common
corpus’ of legislation, particularly via the consolidation
and development of the acquis (the relevant provisions
of the Convention implementing the Schengen
Agreement of 14 June 1985 (2) and the Common
Consular Instructions (3), is one of the fundamental
components of ‘further development of the common
visa policy as part of a multi-layer system aimed at
(1) Opinion of the European Parliament of 2 April 2009 (not yet
published in the Official Journal) and Council Decision of 25 June
2009.
(2) OJ L 239, 22.9.2000, p. 19.
(3) OJ C 326, 22.12.2005, p. 1.
(4) OJ C 53, 3.3.2005, p. 1.
L 243/2
EN
Official Journal of the European Union
(8)
Provided that certain conditions are fulfilled, multipleentry visas should be issued in order to lessen the admin­
istrative burden of Member States’ consulates and to
facilitate smooth travel for frequent or regular travellers.
Applicants known to the consulate for their integrity and
reliability should as far as possible benefit from a
simplified procedure.
(9)
Because of the registration of biometric identifiers in the
Visa Information System (VIS) as established by Regu­
lation (EC) No 767/2008 of the European Parliament
and of the Council of 9 July 2008 concerning Visa
Information System (VIS) and the exchange of data
between Member States on short-stay visas (VIS Regu­
lation) (1), the appearance of the applicant in person —
at least for the first application — should be one of the
basic requirements for the application for a visa.
(10)
(11)
(12)
(13)
15.9.2009
(14)
It is necessary to make provision for situations in which
a Member State decides to cooperate with an external
service provider for the collection of applications. Such
a decision may be taken if, in particular circumstances or
for reasons relating to the local situation, cooperation
with other Member States in the form of representation,
limited representation, co-location or a Common Appli­
cation Centre proves not to be appropriate for the
Member State concerned. Such arrangements should be
established in compliance with the general principles for
issuing visas and with the data protection requirements
set out in Directive 95/46/EC. In addition, the need to
avoid visa shopping should be taken into consideration
when establishing and implementing such arrangements.
(15)
Where a Member State has decided to cooperate with an
external service provider, it should maintain the possi­
bility for all applicants to lodge applications directly at its
diplomatic missions or consular posts.
(16)
A Member State should cooperate with an external
service provider on the basis of a legal instrument
which should contain provisions on its exact responsi­
bilities, on direct and total access to its premises,
information for applicants, confidentiality and on the
circumstances, conditions and procedures for suspending
or terminating the cooperation.
(17)
Directive 95/46/EC of the European Parliament and of
the Council of 24 October 1995 on the protection of
individuals with regard to the processing of personal data
and on the free movement of such data (2) applies to the
Member States with regard to the processing of personal
data pursuant to this Regulation.
This Regulation, by allowing Member States to cooperate
with external service providers for the collection of appli­
cations while establishing the ‘one-stop’ principle for the
lodging of applications, creates a derogation from the
general rule that an applicant must appear in person at
a diplomatic mission or consular post. This is without
prejudice to the possibility of calling the applicant for a
personal interview.
(18)
In order to facilitate the procedure, several forms of
cooperation should be envisaged, such as limited repre­
sentation, co-location, common application centres,
recourse to honorary consuls and cooperation with
external service providers, taking into account in
particular data protection requirements set out in
Directive 95/46/EC. Member States should, in accordance
with the conditions laid down in this Regulation,
determine the type of organisational structure which
they will use in each third country.
Local Schengen cooperation is crucial for the harmonised
application of the common visa policy and for proper
assessment of migratory and/or security risks. Given the
differences in local circumstances, the operational appli­
cation of particular legislative provisions should be
assessed among Member States’ diplomatic missions
and consular posts in individual locations in order to
ensure a harmonised application of the legislative
provisions to prevent visa shopping and different
treatment of visa applicants.
(19)
Statistical data are an important means of monitoring
migratory movements and can serve as an efficient
management tool. Therefore, such data should be
compiled regularly in a common format.
In order to facilitate the visa application procedure of any
subsequent application, it should be possible to copy
fingerprints from the first entry into the VIS within a
period of 59 months. Once this period of time has
elapsed, the fingerprints should be collected again.
Any document, data or biometric identifier received by a
Member State in the course of the visa application
process shall be considered a consular document under
the Vienna Convention on Consular Relations of
24 April 1963 and shall be treated in an appropriate
manner.
(1) OJ L 218, 13.8.2008, p. 60.
(2) OJ L 281, 23.11.1995, p. 31.
15.9.2009
EN
Official Journal of the European Union
(20)
The measures necessary for the implementation of this
Regulation should be adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (1).
(21)
In particular, the Commission should be empowered to
adopt amendments to the Annexes to this Regulation.
Since those measures are of general scope and are
designed to amend non-essential elements of this Regu­
lation, inter alia, by supplementing it with new nonessential elements, they must be adopted in accordance
with the regulatory procedure with scrutiny provided for
in Article 5a of Decision 1999/468/EC.
(22)
better achieved at Community level, the Community may
adopt measures, in accordance with the principle of
subsidiarity as set out in Article 5 of the Treaty. In
accordance with the principle of proportionality, as set
out in that Article, this Regulation does not go beyond
what is necessary in order to achieve that objective.
(29)
This Regulation respects fundamental rights and observes
the principles recognised in particular by the Council of
Europe’s Convention for the Protection of Human Rights
and Fundamental Freedoms and by the Charter of Funda­
mental Rights of the European Union.
(30)
The conditions governing entry into the territory of the
Member States or the issue of visas do not affect the
rules currently governing recognition of the validity of
travel documents.
(31)
In accordance with Articles 1 and 2 of the Protocol on
the Position of Denmark annexed to the Treaty on
European Union and to the Treaty establishing the
European Community, Denmark does not take part in
the adoption of this Regulation and is not bound by it,
or subject to its application. Given that this Regulation
builds on the Schengen acquis under the provisions of
Title IV of Part Three of the Treaty establishing the
European Community, Denmark shall, in accordance
with Article 5 of that Protocol, decide within a period
of six months after the date of adoption of this Regu­
lation whether it will implement it in its national law.
(32)
As regards Iceland and Norway, this Regulation
constitutes a development of provisions of the
Schengen acquis within the meaning of the Agreement
concluded between the Council of the European Union
and the Republic of Iceland and the Kingdom of Norway
concerning the association of those two States with the
implementation, application and development of the
Schengen acquis (3) which fall within the area referred
to in Article 1, point B of Council Decision
1999/437/EC (4) on certain arrangements for the appli­
cation of that Agreement.
(33)
An arrangement should be made to allow representatives
of Iceland and Norway to be associated with the work of
committees assisting the Commission in the exercise of
its implementing powers under this Regulation. Such an
arrangement has been contemplated in the Exchange of
Letters between the Council of the European Union and
Iceland and Norway concerning committees which assist
the European Commission in the exercise of its executive
powers (5), annexed to the abovementioned Agreement.
The Commission has submitted to the Council a draft
recommendation with a view to negotiating this
arrangement.
In order to ensure the harmonised application of this
Regulation at operational level, instructions should be
drawn up on the practice and procedures to be
followed by Member States when processing visa appli­
cations.
(23)
A common Schengen visa Internet site is to be estab­
lished to improve the visibility and a uniform image of
the common visa policy. Such a site will serve as a
means to provide the general public with all relevant
information in relation to the application for a visa.
(24)
Appropriate measures should be adopted for the moni­
toring and evaluation of this Regulation.
(25)
The VIS Regulation and Regulation (EC) No 562/2006 of
the European Parliament and of the Council of 15 March
2006 establishing a Community Code on the rules
governing the movement of persons across borders
(Schengen Borders Code) (2) should be amended in
order to take account of the provisions of this Regu­
lation.
(26)
Bilateral agreements concluded between the Community
and third countries aiming at facilitating the processing
of applications for visas may derogate from the
provisions of this Regulation.
(27)
When a Member State hosts the Olympic Games and the
Paralympic Games, a particular scheme facilitating the
issuing of visas to members of the Olympic family
should apply.
(28)
Since the objective of this Regulation, namely the estab­
lishment of the procedures and conditions for issuing
visas for transit through or intended stays in the
territory of the Member States not exceeding three
months in any six-month period, cannot be sufficiently
achieved by the Member States and can therefore be
(1) OJ L 184, 17.7.1999, p. 23.
(2) OJ L 105, 13.4.2006, p. 1.
L 243/3
(3) OJ L 176, 10.7.1999, p. 36.
(4) OJ L 176, 10.7.1999, p. 31.
(5) OJ L 176, 10.7.1999, p. 53.
L 243/4
(34)
(35)
(36)
(37)
EN
Official Journal of the European Union
As regards Switzerland, this Regulation constitutes a
development of the provisions of the Schengen acquis
within the meaning of the Agreement between the
European Union, the European Community and the
Swiss Confederation on the Swiss Confederation’s
association with the implementation, application and
development of the Schengen acquis (1), which fall
within the area referred to in Article 1, point B, of
Decision 1999/437/EC read in conjunction with
Article 3 of Council Decision 2008/146/EC (2) on the
conclusion of that Agreement.
As regards Liechtenstein, this Regulation constitutes a
development of provisions of the Schengen acquis
within the meaning of the Protocol signed between the
European Union, the European Community, the Swiss
Confederation and the Principality of Liechtenstein on
the accession of the Principality of Liechtenstein to the
Agreement concluded between the European Union, the
European Community and the Swiss Confederation on
the Swiss Confederation’s association with the implemen­
tation, application and development of the Schengen
acquis, which fall within the area referred to in
Article 1, point B, of Decision 1999/437/EC read in
conjunction with Article 3 of Council Decision
2008/261/EC (3) on the signing of that Protocol.
This Regulation constitutes a development of the
provisions of the Schengen acquis in which the United
Kingdom does not take part, in accordance with Council
Decision 2000/365/EC of 29 May 2000 concerning the
request of the United Kingdom of Great Britain and
Northern Ireland to take part in some of the provisions
of the Schengen acquis (4). The United Kingdom is
therefore not taking part in its adoption and is not
bound by it or subject to its application.
This Regulation constitutes a development of the
provisions of the Schengen acquis in which Ireland does
not take part, in accordance with Council Decision
2002/192/EC of 28 February 2002 concerning Ireland’s
request to take part in some of the provisions of the
Schengen acquis (5). Ireland is therefore not taking part
in the adoption of the Regulation and is not bound by it
or subject to its application.
15.9.2009
HAVE ADOPTED THIS REGULATION:
TITLE I
GENERAL PROVISIONS
Article 1
Objective and scope
1.
This Regulation establishes the procedures and conditions
for issuing visas for transit through or intended stays in the
territory of the Member States not exceeding three months in
any six-month period.
2.
The provisions of this Regulation shall apply to any thirdcountry national who must be in possession of a visa when
crossing the external borders of the Member States pursuant to
Council Regulation (EC) No 539/2001 of 15 March 2001
listing the third countries whose nationals must be in
possession of visas when crossing the external borders and
those whose nationals are exempt from that requirement (6),
without prejudice to:
(a) the rights of free movement enjoyed by third-country
nationals who are family members of citizens of the Union;
(b) the equivalent rights enjoyed by third-country nationals and
their family members, who, under agreements between the
Community and its Member States, on the one hand, and
these third countries, on the other, enjoy rights of free
movement equivalent to those of Union citizens and
members of their families.
3.
This Regulation also lists the third countries whose
nationals are required to hold an airport transit visa by way
of exception from the principle of free transit laid down in
Annex 9 to the Chicago Convention on International Civil
Aviation, and establishes the procedures and conditions for
issuing visas for the purpose of transit through the international
transit areas of Member States’ airports.
Article 2
Definitions
For the purpose of this Regulation the following definitions
shall apply:
1. ‘third-country national’ means any person who is not a
citizen of the Union within the meaning of Article 17(1)
of the Treaty;
(38)
(1 )
(2 )
(3 )
(4 )
(5 )
OJ
OJ
OJ
OJ
OJ
This Regulation, with the exception of Article 3,
constitutes provisions building on the Schengen acquis
or otherwise relating to it within the meaning of
Article 3(2) of the 2003 Act of Accession and within
the meaning of Article 4(2) of the 2005 Act of
Accession,
L
L
L
L
L
53, 27.2.2008, p. 52.
53, 27.2.2008, p. 1.
83, 26.3.2008, p. 3.
131, 1.6.2000, p. 43.
64, 7.3.2002, p. 20.
2. ‘visa’ means an authorisation issued by a Member State
with a view to:
(a) transit through or an intended stay in the territory of
the Member States of a duration of no more than three
months in any six-month period from the date of first
entry in the territory of the Member States;
(6) OJ L 81, 21.3.2001, p. 1.
15.9.2009
EN
Official Journal of the European Union
(b) transit through the international transit areas of airports
of the Member States;
3. ‘uniform visa’ means a visa valid for the entire territory of
the Member States;
4. ‘visa with limited territorial validity’ means a visa valid for
the territory of one or more Member States but not all
Member States;
5. ‘airport transit visa’ means a visa valid for transit through
the international transit areas of one or more airports of
the Member States;
6. ‘visa sticker’ means the uniform format for visas as defined
by Council Regulation (EC) No 1683/95 of 29 May 1995
laying down a uniform format for visas (1);
7. ‘recognised travel document’ means a travel document
recognised by one or more Member States for the
purpose of affixing visas;
8. ‘separate sheet for affixing a visa’ means the uniform format
for forms for affixing the visa issued by Member States to
persons holding travel documents not recognised by the
Member State drawing up the form as defined by Council
Regulation (EC) No 333/2002 of 18 February 2002 on a
uniform format for forms for affixing the visa issued by
Member States to persons holding travel documents not
recognised by the Member State drawing up the form (2);
9. ‘consulate’ means a Member State’s diplomatic mission or a
Member State’s consular post authorised to issue visas and
headed by a career consular officer as defined by the
Vienna Convention on Consular Relations of 24 April
1963;
10. ‘application’ means an application for a visa;
11. ‘commercial intermediary’ means a private administrative
agency, transport company or travel agency (tour
operator or retailer).
TITLE II
AIRPORT TRANSIT VISA
L 243/5
the international transit areas of airports situated on the
territory of the Member States.
2.
In urgent cases of mass influx of illegal immigrants, indi­
vidual Member States may require nationals of third countries
other than those referred to in paragraph 1 to hold an airport
transit visa when passing through the international transit areas
of airports situated on their territory. Member States shall notify
the Commission of such decisions before their entry into force
and of withdrawals of such an airport transit visa requirement.
3.
Within the framework of the Committee referred to in
Article 52(1), those notifications shall be reviewed on an
annual basis for the purpose of transferring the third country
concerned to the list set out in Annex IV.
4.
If the third country is not transferred to the list set out in
Annex IV, the Member State concerned may maintain, provided
that the conditions in paragraph 2 are met, or withdraw the
airport transit visa requirement.
5.
The following categories of persons shall be exempt from
the requirement to hold an airport transit visa provided for in
paragraphs 1 and 2:
(a) holders of a valid uniform visa, national long-stay visa or
residence permit issued by a Member State;
(b) third-country nationals holding the valid residence permits
listed in Annex V issued by Andorra, Canada, Japan, San
Marino or the United States of America guaranteeing the
holder’s unconditional readmission;
(c) third-country nationals holding a valid visa for a Member
State or for a State party to the Agreement on the European
Economic Area of 2 May 1992, Canada, Japan or the United
States of America, or when they return from those countries
after having used the visa;
(d) family members of citizens of the Union as referred to in
Article 1(2)(a);
Article 3
Third-country nationals required to hold an airport transit
visa
1.
Nationals of the third countries listed in Annex IV shall be
required to hold an airport transit visa when passing through
(1 )
OJ L 164, 14.7.1995, p. 1.
(2) OJ L 53, 23.2.2002, p. 4.
(e) holders of diplomatic passports;
(f) flight crew members who are nationals of a contracting
Party to the Chicago Convention on International Civil
Aviation.
L 243/6
EN
Official Journal of the European Union
TITLE III
PROCEDURES AND CONDITIONS FOR ISSUING VISAS
15.9.2009
(b) in the case of transit through several Member States, the
Member State whose external border the applicant intends
to cross to start the transit.
CHAPTER I
Authorities taking part in the procedures relating to
applications
3.
The Member State competent for examining and deciding
on an application for an airport transit visa shall be:
Article 4
Authorities competent for taking part in the procedures
relating to applications
1.
Applications shall be examined and decided on by
consulates.
2.
By way of derogation from paragraph 1, applications may
be examined and decided on at the external borders of the
Member States by the authorities responsible for checks on
persons, in accordance with Articles 35 and 36.
3.
In the non-European overseas territories of Member States,
applications may be examined and decided on by the authorities
designated by the Member State concerned.
(a) in the case of a single airport transit, the Member State on
whose territory the transit airport is situated; or
(b) in the case of double or multiple airport transit, the Member
State on whose territory the first transit airport is situated.
4.
Member States shall cooperate to prevent a situation in
which an application cannot be examined and decided on
because the Member State that is competent in accordance
with paragraphs 1 to 3 is neither present nor represented in
the third country where the applicant lodges the application in
accordance with Article 6.
Article 6
Consular territorial competence
4.
A Member State may require the involvement of
authorities other than the ones designated in paragraphs 1
and 2 in the examination of and decision on applications.
1.
An application shall be examined and decided on by the
consulate of the competent Member State in whose jurisdiction
the applicant legally resides.
5.
A Member State may require to be consulted or informed
by another Member State in accordance with Articles 22 and
31.
2.
A consulate of the competent Member State shall examine
and decide on an application lodged by a third-country national
legally present but not residing in its jurisdiction, if the
applicant has provided justification for lodging the application
at that consulate.
Article 5
Member State competent for examining and deciding on an
application
1.
The Member State competent for examining and deciding
on an application for a uniform visa shall be:
(a) the Member State whose territory constitutes the sole desti­
nation of the visit(s);
(b) if the visit includes more than one destination, the Member
State whose territory constitutes the main destination of the
visit(s) in terms of the length or purpose of stay; or
(c) if no main destination can be determined, the Member State
whose external border the applicant intends to cross in
order to enter the territory of the Member States.
2.
The Member State competent for examining and deciding
on an application for a uniform visa for the purpose of transit
shall be:
(a) in the case of transit through only one Member State, the
Member State concerned; or
Article 7
Competence to issue visas to third-country nationals
legally present within the territory of a Member State
Third-country nationals who are legally present in the territory
of a Member State and who are required to hold a visa to enter
the territory of one or more other Member States shall apply for
a visa at the consulate of the Member State that is competent in
accordance with Article 5(1) or (2).
Article 8
Representation arrangements
1.
A Member State may agree to represent another Member
State that is competent in accordance with Article 5 for the
purpose of examining applications and issuing visas on behalf
of that Member State. A Member State may also represent
another Member State in a limited manner solely for the
collection of applications and the enrolment of biometric
identifiers.
2.
The consulate of the representing Member State shall,
when contemplating refusing a visa, submit the application to
the relevant authorities of the represented Member State in
order for them to take the final decision on the application
within the time limits set out in Article 23(1), (2) or (3).
15.9.2009
EN
Official Journal of the European Union
3.
The collection and transmission of files and data to the
represented Member State shall be carried out in compliance
with the relevant data protection and security rules.
L 243/7
as provided for in Article 45, such cooperation shall include
applications covered by representation arrangements. The
central authorities of the represented Member State shall be
informed in advance of the terms of such cooperation.
4.
A bilateral arrangement shall be established between the
representing Member State and the represented Member State
containing the following elements:
CHAPTER II
Application
Article 9
(a) it shall specify the duration of such representation, if only
temporary, and procedures for its termination;
(b) it may, in particular when the represented Member State has
a consulate in the third country concerned, provide for the
provision of premises, staff and payments by the repre­
sented Member State;
(c) it may stipulate that applications from certain categories of
third-country nationals are to be transmitted by the repre­
senting Member State to the central authorities of the repre­
sented Member State for prior consultation as provided for
in Article 22;
(d) by way of derogation from paragraph 2, it may authorise
the consulate of the representing Member State to refuse to
issue a visa after examination of the application.
5.
Member States lacking their own consulate in a third
country shall endeavour to conclude representation
arrangements with Member States that have consulates in that
country.
Practical modalities for lodging an application
1.
Applications shall be lodged no more than three months
before the start of the intended visit. Holders of a multiple-entry
visa may lodge the application before the expiry of the visa
valid for a period of at least six months.
2.
Applicants may be required to obtain an appointment for
the lodging of an application. The appointment shall, as a rule,
take place within a period of two weeks from the date when the
appointment was requested.
3.
In justified cases of urgency, the consulate may allow
applicants to lodge their applications either without
appointment, or an appointment shall be given immediately.
4.
Applications may be lodged at the consulate by the
applicant or by accredited commercial intermediaries, as
provided for in Article 45(1), without prejudice to Article 13,
or in accordance with Article 42 or 43.
Article 10
General rules for lodging an application
6.
With a view to ensuring that a poor transport infra­
structure or long distances in a specific region or geographical
area does not require a disproportionate effort on the part of
applicants to have access to a consulate, Member States lacking
their own consulate in that region or area shall endeavour to
conclude representation arrangements with Member States that
have consulates in that region or area.
7.
The represented Member State shall notify the represen­
tation arrangements or the termination of such arrangements to
the Commission before they enter into force or are terminated.
8.
Simultaneously, the consulate of the representing Member
State shall inform both the consulates of other Member States
and the delegation of the Commission in the jurisdiction
concerned about representation arrangements or the termi­
nation of such arrangements before they enter into force or
are terminated.
9.
If the consulate of the representing Member State decides
to cooperate with an external service provider in accordance
with Article 43, or with accredited commercial intermediaries
1.
Without prejudice to the provisions of Articles 13, 42, 43
and 45, applicants shall appear in person when lodging an
application.
2.
Consulates may waive the requirement referred to in
paragraph 1 when the applicant is known to them for his
integrity and reliability.
3.
When lodging the application, the applicant shall:
(a) present an application form in accordance with Article 11;
(b) present a travel document in accordance with Article 12;
(c) present a photograph in accordance with the standards set
out in Regulation (EC) No 1683/95 or, where the VIS is
operational pursuant to Article 48 of the VIS Regulation, in
accordance with the standards set out in Article 13 of this
Regulation;
L 243/8
EN
Official Journal of the European Union
(d) allow the collection of his fingerprints in accordance with
Article 13, where applicable;
in
accordance
with
(g) where applicable, produce proof of possession of adequate
and valid travel medical insurance in accordance with
Article 15.
Article 11
Application form
1.
Each applicant shall submit a completed and signed appli­
cation form, as set out in Annex I. Persons included in the
applicant’s travel document shall submit a separate application
form. Minors shall submit an application form signed by a
person exercising permanent or temporary parental authority
or legal guardianship.
2.
Consulates shall make the application form widely
available and easily accessible to applicants free of charge.
3.
Article 12
Travel document
The applicant shall present a valid travel document satisfying
the following criteria:
(e) pay the visa fee in accordance with Article 16;
(f) provide supporting documents
Article 14 and Annex II;
15.9.2009
The form shall be available in the following languages:
(a) the official language(s) of the Member State for which a visa
is requested;
(a) its validity shall extend at least three months after the
intended date of departure from the territory of the
Member States or, in the case of several visits, after the
last intended date of departure from the territory of the
Member States. However, in a justified case of emergency,
this obligation may be waived;
(b) it shall contain at least two blank pages;
(c) it shall have been issued within the previous 10 years.
Article 13
Biometric identifiers
1.
Member States shall collect biometric identifiers of the
applicant comprising a photograph of him and his 10
fingerprints in accordance with the safeguards laid down in
the Council of Europe’s Convention for the Protection of
Human Rights and Fundamental Freedoms, in the Charter of
Fundamental Rights of the European Union and in the United
Nations Convention on the Rights of the Child.
2.
At the time of submission of the first application, the
applicant shall be required to appear in person. At that time,
the following biometric identifiers of the applicant shall be
collected:
(b) the official language(s) of the host country;
(c) the official language(s) of the host country and the official
language(s) of the Member State for which a visa is
requested; or
(d) in case of representation, the official language(s) of the
representing Member State.
In addition to the language(s) referred to in point (a), the form
may be made available in another official language of the insti­
tutions of the European Union.
4.
If the application form is not available in the official
language(s) of the host country, a translation of it into
that/those language(s) shall be made available separately to
applicants.
5.
A translation of the application form into the official
language(s) of the host country shall be produced under local
Schengen cooperation provided for in Article 48.
6.
The consulate shall inform applicants of the language(s)
which may be used when filling in the application form.
— a photograph, scanned or taken at the time of application,
and
— his 10 fingerprints taken flat and collected digitally.
3.
Where fingerprints collected from the applicant as part of
an earlier application were entered in the VIS for the first time
less than 59 months before the date of the new application,
they shall be copied to the subsequent application.
However, where there is reasonable doubt regarding the identity
of the applicant, the consulate shall collect fingerprints within
the period specified in the first subparagraph.
Furthermore, if at the time when the application is lodged, it
cannot be immediately confirmed that the fingerprints were
collected within the period specified in the first subparagraph,
the applicant may request that they be collected.
4.
In accordance with Article 9(5) of the VIS Regulation, the
photograph attached to each application shall be entered in the
VIS. The applicant shall not be required to appear in person for
this purpose.
15.9.2009
EN
Official Journal of the European Union
The technical requirements for the photograph shall be in
accordance with the international standards as set out in the
International Civil Aviation Organization (ICAO) document
9303 Part 1, 6th edition.
5.
Fingerprints shall be taken in accordance with ICAO
standards and Commission Decision 2006/648/EC of
22 September 2006 laying down the technical specifications
on the standards for biometric features related to the devel­
opment of the Visa Information System (1).
6.
The biometric identifiers shall be collected by qualified
and duly authorised staff of the authorities competent in
accordance with Article 4(1), (2) and (3). Under the supervision
of the consulates, the biometric identifiers may also be collected
by qualified and duly authorised staff of an honorary consul as
referred to in Article 42 or of an external service provider as
referred to in Article 43. The Member State(s) concerned shall,
where there is any doubt, provide for the possibility of verifying
at the consulate fingerprints which have been taken by the
external service provider.
7.
The following applicants shall be exempt from the
requirement to give fingerprints:
(a) children under the age of 12;
(b) persons for whom fingerprinting is physically impossible. If
the fingerprinting of fewer than 10 fingers is possible, the
maximum number of fingerprints shall be taken. However,
should the impossibility be temporary, the applicant shall be
required to give the fingerprints at the following application.
The authorities competent in accordance with Article 4(1),
(2) and (3) shall be entitled to ask for further clarification of
the grounds for the temporary impossibility. Member States
shall ensure that appropriate procedures guaranteeing the
dignity of the applicant are in place in the event of there
being difficulties in enrolling;
(c) heads of State or government and members of a national
government with accompanying spouses, and the members
of their official delegation when they are invited by Member
States’ governments or by international organisations for an
official purpose;
(d) sovereigns and other senior members of a royal family,
when they are invited by Member States’ governments or
by international organisations for an official purpose.
L 243/9
Article 14
Supporting documents
1.
When applying for a uniform visa, the applicant shall
present:
(a) documents indicating the purpose of the journey;
(b) documents in relation to accommodation, or proof of
sufficient means to cover his accommodation;
(c) documents indicating that the applicant possesses sufficient
means of subsistence both for the duration of the intended
stay and for the return to his country of origin or residence,
or for the transit to a third country into which he is certain
to be admitted, or that he is in a position to acquire such
means lawfully, in accordance with Article 5(1)(c) and (3) of
the Schengen Borders Code;
(d) information enabling an assessment of the applicant’s
intention to leave the territory of the Member States
before the expiry of the visa applied for.
2.
When applying for an airport transit visa, the applicant
shall present:
(a) documents in relation to the onward journey to the final
destination after the intended airport transit;
(b) information enabling an assessment of the applicant’s
intention not to enter the territory of the Member States.
3.
A non-exhaustive list of supporting documents which the
consulate may request from the applicant in order to verify the
fulfilment of the conditions listed in paragraphs 1 and 2 is set
out in Annex II.
4.
Member States may require applicants to present a proof
of sponsorship and/or private accommodation by completing a
form drawn up by each Member State. That form shall indicate
in particular:
(a) whether its purpose is proof of sponsorship and/or of
accommodation;
(b) whether the host is an individual, a company or an organi­
sation;
(c) the host’s identity and contact details;
8.
In the cases referred to in paragraph 7, the entry ‘not
applicable’ shall be introduced in the VIS in accordance with
Article 8(5) of the VIS Regulation.
(d) the invited applicant(s);
(1) OJ L 267, 27.9.2006, p. 41.
(e) the address of the accommodation;
L 243/10
EN
Official Journal of the European Union
(f) the length and purpose of the stay;
15.9.2009
4.
Applicants shall, in principle, take out insurance in their
country of residence. Where this is not possible, they shall seek
to obtain insurance in any other country.
(g) possible family ties with the host.
When another person takes out insurance in the name of the
applicant, the conditions set out in paragraph 3 shall apply.
In addition to the Member State’s official language(s), the form
shall be drawn up in at least one other official language of the
institutions of the European Union. The form shall provide the
person signing it with the information required pursuant to
Article 37(1) of the VIS Regulation. A specimen of the form
shall be notified to the Commission.
5.
Within local Schengen cooperation the need to complete
and harmonise the lists of supporting documents shall be
assessed in each jurisdiction in order to take account of local
circumstances.
6.
Consulates may waive one or more of the requirements of
paragraph 1 in the case of an applicant known to them for his
integrity and reliability, in particular the lawful use of previous
visas, if there is no doubt that he will fulfil the requirements of
Article 5(1) of the Schengen Borders Code at the time of the
crossing of the external borders of the Member States.
5.
When assessing whether the insurance cover is adequate,
consulates shall ascertain whether claims against the insurance
company would be recoverable in a Member State.
6.
The insurance requirement may be considered to have
been met where it is established that an adequate level of
insurance may be presumed in the light of the applicant’s
professional situation. The exemption from presenting proof
of travel medical insurance may concern particular professional
groups, such as seafarers, who are already covered by travel
medical insurance as a result of their professional activities.
7.
Holders of diplomatic passports shall be exempt from the
requirement to hold travel medical insurance.
Article 16
Visa fee
1.
Applicants shall pay a visa fee of EUR 60.
Article 15
Travel medical insurance
1.
Applicants for a uniform visa for one or two entries shall
prove that they are in possession of adequate and valid travel
medical insurance to cover any expenses which might arise in
connection with repatriation for medical reasons, urgent
medical attention and/or emergency hospital treatment or
death, during their stay(s) on the territory of the Member States.
2.
Applicants for a uniform visa for more than two entries
(multiple entries) shall prove that they are in possession of
adequate and valid travel medical insurance covering the
period of their first intended visit.
In addition, such applicants shall sign the statement, set out in
the application form, declaring that they are aware of the need
to be in possession of travel medical insurance for subsequent
stays.
3.
The insurance shall be valid throughout the territory of
the Member States and cover the entire period of the person’s
intended stay or transit. The minimum coverage shall be
EUR 30 000.
When a visa with limited territorial validity covering the
territory of more than one Member State is issued, the
insurance cover shall be valid at least in the Member States
concerned.
2.
Children from the age of six years and below the age of
12 years shall pay a visa fee of EUR 35.
3.
The visa fee shall be revised regularly in order to reflect
the administrative costs.
4.
The visa fee shall be waived for applicants belonging to
one of the following categories:
(a) children under six years;
(b) school pupils, students, postgraduate students and accom­
panying teachers who undertake stays for the purpose of
study or educational training;
(c) researchers from third countries travelling for the purpose
of carrying out scientific research as defined in Recommen­
dation No 2005/761/EC of the European Parliament and of
the Council of 28 September 2005 to facilitate the issue by
the Member States of uniform short-stay visas for
researchers from third countries travelling within the
Community for the purpose of carrying out scientific
research (1);
(d) representatives of non-profit organisations aged 25 years or
less participating in seminars, conferences, sports, cultural or
educational events organised by non-profit organisations.
(1) OJ L 289, 3.11.2005, p. 23.
15.9.2009
5.
EN
Official Journal of the European Union
The visa fee may be waived for:
(a) children from the age of six years and below the age of 12
years;
(b) holders of diplomatic and service passports;
reductions in or exemptions from the visa fee as provided for
in Article 16(2), (4), (5) and (6).
5.
The Member State(s) concerned shall maintain the possi­
bility for all applicants to lodge their applications directly at
its/their consulates.
CHAPTER III
(c) participants aged 25 years or less in seminars, conferences,
sports, cultural or educational events, organised by nonprofit organisations.
Within local Schengen cooperation, Members States shall aim to
harmonise the application of these exemptions.
6.
In individual cases, the amount of the visa fee to be
charged may be waived or reduced when to do so serves to
promote cultural or sporting interests as well as interests in the
field of foreign policy, development policy and other areas of
vital public interest or for humanitarian reasons.
7.
The visa fee shall be charged in euro, in the national
currency of the third country or in the currency usually used
in the third country where the application is lodged, and shall
not be refundable except in the cases referred to in Articles
18(2) and 19(3).
L 243/11
Examination of and decision on an application
Article 18
Verification of consular competence
1.
When an application has been lodged, the consulate shall
verify whether it is competent to examine and decide on it in
accordance with the provisions of Articles 5 and 6.
2.
If the consulate is not competent, it shall, without delay,
return the application form and any documents submitted by
the applicant, reimburse the visa fee, and indicate which
consulate is competent.
Article 19
Admissibility
1.
The competent consulate shall verify whether:
When charged in a currency other than euro, the amount of the
visa fee charged in that currency shall be determined and
regularly reviewed in application of the euro foreign exchange
reference rate set by the European Central Bank. The amount
charged may be rounded up and consulates shall ensure under
local Schengen cooperation that they charge similar fees.
— the application has been lodged within the period referred
to in Article 9(1),
8.
— the biometric data of the applicant have been collected, and
The applicant shall be given a receipt for the visa fee paid.
Article 17
— the application contains
Article 10(3)(a) to (c),
the
items
referred
to
in
— the visa fee has been collected.
Service fee
1.
An additional service fee may be charged by an external
service provider referred to in Article 43. The service fee shall
be proportionate to the costs incurred by the external service
provider while performing one or more of the tasks referred to
in Article 43(6).
2.
The service fee shall be specified in the legal instrument
referred to in Article 43(2).
3.
Within the framework of local Schengen cooperation,
Member States shall ensure that the service fee charged to an
applicant duly reflects the services offered by the external
service provider and is adapted to local circumstances.
Furthermore, they shall aim to harmonise the service fee
applied.
4.
The service fee shall not exceed half of the amount of the
visa fee set out in Article 16(1), irrespective of the possible
2.
Where the competent consulate finds that the conditions
referred to in paragraph 1 have been fulfilled, the application
shall be admissible and the consulate shall:
— follow the procedures described in Article 8 of the VIS
Regulation, and
— further examine the application.
Data shall be entered in the VIS only by duly authorised
consular staff in accordance with Articles 6(1), 7, 9(5) and
9(6) of the VIS Regulation.
3.
Where the competent consulate finds that the conditions
referred to in paragraph 1 have not been fulfilled, the appli­
cation shall be inadmissible and the consulate shall without
delay:
L 243/12
EN
Official Journal of the European Union
— return the application form and any documents submitted
by the applicant,
— destroy the collected biometric data,
— reimburse the visa fee, and
15.9.2009
subsistence, both for the duration of the intended stay and
for the return to his country of origin or residence, or for
the transit to a third country into which he is certain to be
admitted, or is in a position to acquire such means lawfully;
(c) whether the applicant is a person for whom an alert has
been issued in the Schengen Information System (SIS) for
the purpose of refusing entry;
— not examine the application.
4.
By way of derogation, an application that does not meet
the requirements set out in paragraph 1 may be considered
admissible on humanitarian grounds or for reasons of
national interest.
Article 20
(d) that the applicant is not considered to be a threat to public
policy, internal security or public health as defined in
Article 2(19) of the Schengen Borders Code or to the inter­
national relations of any of the Member States, in particular
where no alert has been issued in Member States’ national
databases for the purpose of refusing entry on the same
grounds;
Stamp indicating that an application is admissible
1.
When an application is admissible, the competent
consulate shall stamp the applicant’s travel document. The
stamp shall be as set out in the model in Annex III and shall
be affixed in accordance with the provisions of that Annex.
2.
Diplomatic, service/official and special passports shall not
be stamped.
3.
The provisions of this Article shall apply to the consulates
of the Member States until the date when the VIS becomes fully
operational in all regions, in accordance with Article 48 of the
VIS Regulation.
Article 21
Verification of entry conditions and risk assessment
1.
In the examination of an application for a uniform visa, it
shall be ascertained whether the applicant fulfils the entry
conditions set out in Article 5(1)(a), (c), (d) and (e) of the
Schengen Borders Code, and particular consideration shall be
given to assessing whether the applicant presents a risk of illegal
immigration or a risk to the security of the Member States and
whether the applicant intends to leave the territory of the
Member States before the expiry of the visa applied for.
2.
In respect of each application, the VIS shall be consulted
in accordance with Articles 8(2) and 15 of the VIS Regulation.
Member States shall ensure that full use is made of all search
criteria pursuant to Article 15 of the VIS Regulation in order to
avoid false rejections and identifications.
3.
While checking whether the applicant fulfils the entry
conditions, the consulate shall verify:
(e) that the applicant is in possession of adequate and valid
travel medical insurance, where applicable.
4.
The consulate shall, where applicable, verify the length of
previous and intended stays in order to verify that the applicant
has not exceeded the maximum duration of authorised stay in
the territory of the Member States, irrespective of possible stays
authorised under a national long-stay visa or a residence permit
issued by another Member State.
5.
The means of subsistence for the intended stay shall be
assessed in accordance with the duration and the purpose of the
stay and by reference to average prices in the Member State(s)
concerned for board and lodging in budget accommodation,
multiplied by the number of days stayed, on the basis of the
reference amounts set by the Member States in accordance with
Article 34(1)(c) of the Schengen Borders Code. Proof of spon­
sorship and/or private accommodation may also constitute
evidence of sufficient means of subsistence.
6.
In the examination of an application for an airport transit
visa, the consulate shall in particular verify:
(a) that the travel document presented is not false, counterfeit
or forged;
(b) the points of departure and destination of the third-country
national concerned and the coherence of the intended
itinerary and airport transit;
(c) proof of the onward journey to the final destination.
(a) that the travel document presented is not false, counterfeit
or forged;
(b) the applicant’s justification for the purpose and conditions
of the intended stay, and that he has sufficient means of
7.
The examination of an application shall be based notably
on the authenticity and reliability of the documents submitted
and on the veracity and reliability of the statements made by
the applicant.
15.9.2009
EN
Official Journal of the European Union
8.
During the examination of an application, consulates may
in justified cases call the applicant for an interview and request
additional documents.
L 243/13
4.
Unless the application has been withdrawn, a decision
shall be taken to:
(a) issue a uniform visa in accordance with Article 24;
9.
A previous visa refusal shall not lead to an automatic
refusal of a new application. A new application shall be
assessed on the basis of all available information.
Article 22
Prior consultation of central authorities of other Member
States
1.
A Member State may require the central authorities of
other Member States to consult its central authorities during
the examination of applications lodged by nationals of
specific third countries or specific categories of such nationals.
Such consultation shall not apply to applications for airport
transit visas.
2.
The central authorities consulted shall reply definitively
within seven calendar days after being consulted. The absence
of a reply within this deadline shall mean that they have no
grounds for objecting to the issuing of the visa.
(b) issue a visa with limited territorial validity in accordance
with Article 25;
(c) refuse a visa in accordance with Article 32; or
(d) discontinue the examination of the application and transfer
it to the relevant authorities of the represented Member
State in accordance with Article 8(2).
The fact that fingerprinting is physically impossible, in
accordance with Article 13(7)(b), shall not influence the
issuing or refusal of a visa.
CHAPTER IV
Issuing of the visa
Article 24
Issuing of a uniform visa
3.
Member States shall notify the Commission of the intro­
duction or withdrawal of the requirement of prior consultation
before it becomes applicable. This information shall also be
given within local Schengen cooperation in the jurisdiction
concerned.
4.
The Commission shall inform Member States of such
notifications.
5.
From the date of the replacement of the Schengen Consul­
tation Network, as referred to in Article 46 of the VIS Regu­
lation, prior consultation shall be carried out in accordance with
Article 16(2) of that Regulation.
Article 23
1.
The period of validity of a visa and the length of the
authorised stay shall be based on the examination conducted
in accordance with Article 21.
A visa may be issued for one, two or multiple entries. The
period of validity shall not exceed five years.
In the case of transit, the length of the authorised stay shall
correspond to the time necessary for the purpose of the transit.
Without prejudice to Article 12(a), the period of validity of the
visa shall include an additional ‘period of grace’ of 15 days.
Member States may decide not to grant such a period of grace
for reasons of public policy or because of the international
relations of any of the Member States.
Decision on the application
1.
Applications shall be decided on within 15 calendar days
of the date of the lodging of an application which is admissible
in accordance with Article 19.
2.
That period may be extended up to a maximum of 30
calendar days in individual cases, notably when further scrutiny
of the application is needed or in cases of representation where
the authorities of the represented Member State are consulted.
3.
Exceptionally, when additional documentation is needed
in specific cases, the period may be extended up to a
maximum of 60 calendar days.
2.
Without prejudice to Article 12(a), multiple-entry visas
shall be issued with a period of validity between six months
and five years, where the following conditions are met:
(a) the applicant proves the need or justifies the intention to
travel frequently and/or regularly, in particular due to his
occupational or family status, such as business persons, civil
servants engaged in regular official contacts with Member
States and EU institutions, representatives of civil society
organisations travelling for the purpose of educational
training, seminars and conferences, family members of
citizens of the Union, family members of third-country
nationals legally residing in Member States and seafarers;
and
L 243/14
EN
Official Journal of the European Union
(b) the applicant proves his integrity and reliability, in particular
the lawful use of previous uniform visas or visas with
limited territorial validity, his economic situation in the
country of origin and his genuine intention to leave the
territory of the Member States before the expiry of the
visa applied for.
3.
The data set out in Article 10(1) of the VIS Regulation
shall be entered into the VIS when a decision on issuing such a
visa has been taken.
15.9.2009
relevant information to the central authorities of the other
Member States without delay, by means of the procedure
referred to in Article 16(3) of the VIS Regulation.
5.
The data set out in Article 10(1) of the VIS Regulation
shall be entered into the VIS when a decision on issuing such a
visa has been taken.
Article 26
Issuing of an airport transit visa
Article 25
Issuing of a visa with limited territorial validity
1.
A visa with limited territorial validity shall be issued
exceptionally, in the following cases:
(a) when the Member State concerned considers it necessary on
humanitarian grounds, for reasons of national interest or
because of international obligations,
(i) to derogate from the principle that the entry conditions
laid down in Article 5(1)(a), (c), (d) and (e) of the
Schengen Borders Code must be fulfilled;
(ii) to issue a visa despite an objection by the Member State
consulted in accordance with Article 22 to the issuing
of a uniform visa; or
(iii) to issue a visa for reasons of urgency, although the
prior consultation in accordance with Article 22 has
not been carried out;
1.
An airport transit visa shall be valid for transiting through
the international transit areas of the airports situated on the
territory of Member States.
2.
Without prejudice to Article 12(a), the period of validity
of the visa shall include an additional ‘period of grace’ of 15
days.
Member States may decide not to grant such a period of grace
for reasons of public policy or because of the international
relations of any of the Member States.
3.
Without prejudice to Article 12(a), multiple airport transit
visas may be issued with a period of validity of a maximum six
months.
4.
The following criteria in particular are relevant for taking
the decision to issue multiple airport transit visas:
(a) the applicant’s need to transit frequently and/or regularly;
and
or
(b) when for reasons deemed justified by the consulate, a new
visa is issued for a stay during the same six-month period to
an applicant who, over this six-month period, has already
used a uniform visa or a visa with limited territorial validity
allowing for a stay of three months.
2.
A visa with limited territorial validity shall be valid for the
territory of the issuing Member State. It may exceptionally be
valid for the territory of more than one Member State, subject
to the consent of each such Member State.
3.
If the applicant holds a travel document that is not
recognised by one or more, but not all Member States, a visa
valid for the territory of the Member States recognising the
travel document shall be issued. If the issuing Member State
does not recognise the applicant’s travel document, the visa
issued shall only be valid for that Member State.
(b) the integrity and reliability of the applicant, in particular the
lawful use of previous uniform visas, visas with limited
territorial validity or airport transit visas, his economic
situation in his country of origin and his genuine
intention to pursue his onward journey.
5.
If the applicant is required to hold an airport transit visa
in accordance with the provisions of Article 3(2), the airport
transit visa shall be valid only for transiting through the inter­
national transit areas of the airports situated on the territory of
the Member State(s) concerned.
6.
The data set out in Article 10(1) of the VIS Regulation
shall be entered into the VIS when a decision on issuing such a
visa has been taken.
Article 27
Filling in the visa sticker
4.
When a visa with limited territorial validity has been
issued in the cases described in paragraph 1(a), the central
authorities of the issuing Member State shall circulate the
1.
When the visa sticker is filled in, the mandatory entries set
out in Annex VII shall be inserted and the machine-readable
zone filled in, as provided for in ICAO document 9303, Part 2.
15.9.2009
EN
Official Journal of the European Union
2.
Member States may add national entries in the ‘comments’
section of the visa sticker, which shall not duplicate the
mandatory entries in Annex VII.
3.
All entries on the visa sticker shall be printed, and no
manual changes shall be made to a printed visa sticker.
L 243/15
Article 30
Rights derived from an issued visa
Mere possession of a uniform visa or a visa with limited terri­
torial validity shall not confer an automatic right of entry.
Article 31
4.
Visa stickers may be filled in manually only in case of
technical force majeure. No changes shall be made to a
manually filled in visa sticker.
5.
When a visa sticker is filled in manually in accordance
with paragraph 4 of this Article, this information shall be
entered into the VIS in accordance with Article 10(1)(k) of
the VIS Regulation.
Information of central authorities of other Member States
1.
A Member State may require that its central authorities be
informed of visas issued by consulates of other Member States
to nationals of specific third countries or to specific categories
of such nationals, except in the case of airport transit visas.
Invalidation of a completed visa sticker
2.
Member States shall notify the Commission of the intro­
duction or withdrawal of the requirement for such information
before it becomes applicable. This information shall also be
given within local Schengen cooperation in the jurisdiction
concerned.
1.
If an error is detected on a visa sticker which has not yet
been affixed to the travel document, the visa sticker shall be
invalidated.
3.
The Commission shall inform Member States of such
notifications.
Article 28
2.
If an error is detected after the visa sticker has been affixed
to the travel document, the visa sticker shall be invalidated by
drawing a cross with indelible ink on the visa sticker and a new
visa sticker shall be affixed to a different page.
4.
From the date referred to in Article 46 of the VIS Regu­
lation, information shall be transmitted in accordance with
Article 16(3) of that Regulation.
3.
If an error is detected after the relevant data have been
introduced into the VIS in accordance with Article 10(1) of the
VIS Regulation, the error shall be corrected in accordance with
Article 24(1) of that Regulation.
Article 32
Article 29
Refusal of a visa
1.
Without prejudice to Article 25(1), a visa shall be refused:
(a) if the applicant:
Affixing a visa sticker
1.
The printed visa sticker containing the data provided for
in Article 27 and Annex VII shall be affixed to the travel
document in accordance with the provisions set out in Annex
VIII.
2.
Where the issuing Member State does not recognise the
applicant’s travel document, the separate sheet for affixing a visa
shall be used.
3.
When a visa sticker has been affixed to the separate sheet
for affixing a visa, this information shall be entered into the VIS
in accordance with Article 10(1)(j) of the VIS Regulation.
4.
Individual visas issued to persons who are included in the
travel document of the applicant shall be affixed to that travel
document.
5.
Where the travel document in which such persons are
included is not recognised by the issuing Member State, the
individual stickers shall be affixed to the separate sheets for
affixing a visa.
(i) presents a travel document which is false, counterfeit
or forged;
(ii) does not provide justification for the purpose and
conditions of the intended stay;
(iii) does not provide proof of sufficient means of
subsistence, both for the duration of the intended
stay and for the return to his country of origin or
residence, or for the transit to a third country into
which he is certain to be admitted, or is not in a
position to acquire such means lawfully;
(iv) has already stayed for three months during the current
six-month period on the territory of the Member States
on the basis of a uniform visa or a visa with limited
territorial validity;
(v) is a person for whom an alert has been issued in the
SIS for the purpose of refusing entry;
L 243/16
EN
Official Journal of the European Union
(vi) is considered to be a threat to public policy, internal
security or public health as defined in Article 2(19) of
the Schengen Borders Code or to the international
relations of any of the Member States, in particular
where an alert has been issued in Member States’
national databases for the purpose of refusing entry
on the same grounds; or
(vii) does not provide proof of holding adequate and valid
travel medical insurance, where applicable;
15.9.2009
2.
The period of validity and/or the duration of stay of an
issued visa may be extended if the visa holder provides proof of
serious personal reasons justifying the extension of the period
of validity or the duration of stay. A fee of EUR 30 shall be
charged for such an extension.
3.
Unless otherwise decided by the authority extending the
visa, the territorial validity of the extended visa shall remain the
same as that of the original visa.
4.
The authority competent to extend the visa shall be that
of the Member State on whose territory the third-country
national is present at the moment of applying for an extension.
or
(b) if there are reasonable doubts as to the authenticity of the
supporting documents submitted by the applicant or the
veracity of their contents, the reliability of the statements
made by the applicant or his intention to leave the territory
of the Member States before the expiry of the visa applied
for.
2.
A decision on refusal and the reasons on which it is based
shall be notified to the applicant by means of the standard form
set out in Annex VI.
3.
Applicants who have been refused a visa shall have the
right to appeal. Appeals shall be conducted against the Member
State that has taken the final decision on the application and in
accordance with the national law of that Member State. Member
States shall provide applicants with information regarding the
procedure to be followed in the event of an appeal, as specified
in Annex VI.
4.
In the cases referred to in Article 8(2), the consulate of the
representing Member State shall inform the applicant of the
decision taken by the represented Member State.
5.
Information on a refused visa shall be entered into the VIS
in accordance with Article 12 of the VIS Regulation.
CHAPTER V
5.
Member States shall notify to the Commission the
authorities competent for extending visas.
6.
Extension of visas shall take the form of a visa sticker.
7.
Information on an extended visa shall be entered into the
VIS in accordance with Article 14 of the VIS Regulation.
Article 34
Annulment and revocation
1.
A visa shall be annulled where it becomes evident that the
conditions for issuing it were not met at the time when it was
issued, in particular if there are serious grounds for believing
that the visa was fraudulently obtained. A visa shall in principle
be annulled by the competent authorities of the Member State
which issued it. A visa may be annulled by the competent
authorities of another Member State, in which case the
authorities of the Member State that issued the visa shall be
informed of such annulment.
2.
A visa shall be revoked where it becomes evident that the
conditions for issuing it are no longer met. A visa shall in
principle be revoked by the competent authorities of the
Member State which issued it. A visa may be revoked by the
competent authorities of another Member State, in which case
the authorities of the Member State that issued the visa shall be
informed of such revocation.
Modification of an issued visa
Article 33
Extension
1.
The period of validity and/or the duration of stay of an
issued visa shall be extended where the competent authority of
a Member State considers that a visa holder has provided proof
of force majeure or humanitarian reasons preventing him from
leaving the territory of the Member States before the expiry of
the period of validity of or the duration of stay authorised by
the visa. Such an extension shall be granted free of charge.
3.
A visa may be revoked at the request of the visa holder.
The competent authorities of the Member States that issued the
visa shall be informed of such revocation.
4.
Failure of the visa holder to produce, at the border, one or
more of the supporting documents referred to in Article 14(3),
shall not automatically lead to a decision to annul or revoke the
visa.
15.9.2009
5.
EN
Official Journal of the European Union
If a visa is annulled or revoked, a stamp stating
‘ANNULLED’ or ‘REVOKED’ shall be affixed to it and the
optically variable feature of the visa sticker, the security
feature ‘latent image effect’ as well as the term ‘visa’ shall be
invalidated by being crossed out.
6.
A decision on annulment or revocation of a visa and the
reasons on which it is based shall be notified to the applicant by
means of the standard form set out in Annex VI.
7.
A visa holder whose visa has been annulled or revoked
shall have the right to appeal, unless the visa was revoked at his
request in accordance with paragraph 3. Appeals shall be
conducted against the Member State that has taken the
decision on the annulment or revocation and in accordance
with the national law of that Member State. Member States
shall provide applicants with information regarding the
procedure to be followed in the event of an appeal, as
specified in Annex VI.
8.
Information on an annulled or a revoked visa shall be
entered into the VIS in accordance with Article 13 of the VIS
Regulation.
CHAPTER VI
L 243/17
days, depending on the purpose and conditions of the intended
stay. In the case of transit, the length of the authorised stay shall
correspond to the time necessary for the purpose of the transit.
4.
Where the conditions laid down in Article 5(1)(a), (c), (d)
and (e) of the Schengen Borders Code are not fulfilled, the
authorities responsible for issuing the visa at the border may
issue a visa with limited territorial validity, in accordance with
Article 25(1)(a) of this Regulation, for the territory of the
issuing Member State only.
5.
A third-country national falling within a category of
persons for whom prior consultation is required in accordance
with Article 22 shall, in principle, not be issued a visa at the
external border.
However, a visa with limited territorial validity for the territory
of the issuing Member State may be issued at the external
border for such persons in exceptional cases, in accordance
with Article 25(1)(a).
6.
In addition to the reasons for refusing a visa as provided
for in Article 32(1) a visa shall be refused at the border crossing
point if the conditions referred to in paragraph 1(b) of this
Article are not met.
Visas issued at the external borders
Article 35
Visas applied for at the external border
1.
In exceptional cases, visas may be issued at border
crossing points if the following conditions are satisfied:
7.
The provisions on justification and notification of refusals
and the right of appeal set out in Article 32(3) and Annex VI
shall apply.
Article 36
Visas issued to seafarers in transit at the external border
(a) the applicant fulfils the conditions laid down in
Article 5(1)(a), (c), (d) and (e) of the Schengen Borders Code;
(b) the applicant has not been in a position to apply for a visa
in advance and submits, if required, supporting documents
substantiating unforeseeable and imperative reasons for
entry; and
(c) the applicant’s return to his country of origin or residence
or transit through States other than Member States fully
implementing the Schengen acquis is assessed as certain.
1.
A seafarer who is required to be in possession of a visa
when crossing the external borders of the Member States may
be issued with a visa for the purpose of transit at the border
where:
(a) he fulfils the conditions set out in Article 35(1); and
(b) he is crossing the border in question in order to embark on,
re-embark on or disembark from a ship on which he will
work or has worked as a seafarer.
2.
Where a visa is applied for at the external border, the
requirement that the applicant be in possession of travel
medical insurance may be waived when such travel medical
insurance is not available at that border crossing point or for
humanitarian reasons.
2.
Before issuing a visa at the border to a seafarer in transit,
the competent national authorities shall comply with the rules
set out in Annex IX, Part 1, and make sure that the necessary
information concerning the seafarer in question has been
exchanged by means of a duly completed form for seafarers
in transit, as set out in Annex IX, Part 2.
3.
A visa issued at the external border shall be a uniform
visa, entitling the holder to stay for a maximum duration of 15
3.
This Article shall apply without prejudice to Article 35(3),
(4) and (5).
L 243/18
EN
Official Journal of the European Union
TITLE IV
ADMINISTRATIVE MANAGEMENT AND ORGANISATION
Article 37
15.9.2009
4.
Member States’ central authorities shall ensure frequent
and adequate monitoring of the conduct of examination of
applications and take corrective measures when deviations
from the provisions of this Regulation are detected.
Organisation of visa sections
Article 39
1.
Member States shall be responsible for organising the visa
sections of their consulates.
Conduct of staff
1.
Member States’ consulates shall ensure that applicants are
received courteously.
In order to prevent any decline in the level of vigilance and to
protect staff from being exposed to pressure at local level,
rotation schemes for staff dealing directly with applicants shall
be set up, where appropriate. Particular attention shall be paid
to clear work structures and a distinct allocation/division of
responsibilities in relation to the taking of final decisions on
applications. Access to consultation of the VIS and the SIS and
other confidential information shall be restricted to a limited
number of duly authorised staff. Appropriate measures shall be
taken to prevent unauthorised access to such databases.
2.
The storage and handling of visa stickers shall be subject
to adequate security measures to avoid fraud or loss. Each
consulate shall keep an account of its stock of visa stickers
and register how each visa sticker has been used.
3.
Member States’ consulates shall keep archives of appli­
cations. Each individual file shall contain the application form,
copies of relevant supporting documents, a record of checks
made and the reference number of the visa issued, in order
for staff to be able to reconstruct, if need be, the background
for the decision taken on the application.
Individual application files shall be kept for a minimum of two
years from the date of the decision on the application as
referred to in Article 23(1).
Article 38
Resources for examining applications and monitoring of
consulates
1.
Member States shall deploy appropriate staff in sufficient
numbers to carry out the tasks relating to the examining of
applications, in such a way as to ensure reasonable and
harmonised quality of service to the public.
2.
Premises shall meet appropriate functional requirements of
adequacy and allow for appropriate security measures.
3.
Member States’ central authorities shall provide adequate
training to both expatriate staff and locally employed staff and
shall be responsible for providing them with complete, precise
and up-to-date information on the relevant Community and
national law.
2.
Consular staff shall, in the performance of their duties,
fully respect human dignity. Any measures taken shall be
proportionate to the objectives pursued by such measures.
3.
While performing their tasks, consular staff shall not
discriminate against persons on grounds of sex, racial or
ethnic origin, religion or belief, disability, age or sexual orien­
tation.
Article 40
Forms of cooperation
1.
Each Member State shall be responsible for organising the
procedures relating to applications. In principle, applications
shall be lodged at a consulate of a Member State.
2.
Member States shall:
(a) equip their consulates and authorities responsible for issuing
visas at the borders with the required material for the
collection of biometric identifiers, as well as the offices of
their honorary consuls, whenever they make use of them, to
collect biometric identifiers in accordance with Article 42;
and/or
(b) cooperate with one or more other Member States, within
the framework of local Schengen cooperation or by other
appropriate contacts, in the form of limited representation,
co-location, or a Common Application Centre in accordance
with Article 41.
3.
In particular circumstances or for reasons relating to the
local situation, such as where:
(a) the high number of applicants does not allow the collection
of applications and of data to be organised in a timely
manner and in decent conditions; or
(b) it is not possible to ensure a good territorial coverage of the
third country concerned in any other way;
and where the forms of cooperation referred to in paragraph
2(b) prove not to be appropriate for the Member State
concerned, a Member State may, as a last resort, cooperate
with an external service provider in accordance with Article 43.
15.9.2009
EN
Official Journal of the European Union
4.
Without prejudice to the right to call the applicant for a
personal interview, as provided for in Article 21(8), the
selection of a form of organisation shall not lead to the
applicant being required to appear in person at more than
one location in order to lodge an application.
5.
Member States shall notify to the Commission how they
intend to organise the procedures relating to applications in
each consular location.
Article 41
Cooperation between Member States
1.
Where ‘co-location’ is chosen, staff of the consulates of
one or more Member States shall carry out the procedures
relating to applications (including the collection of biometric
identifiers) addressed to them at the consulate of another
Member State and share the equipment of that Member State.
The Member States concerned shall agree on the duration of
and conditions for the termination of the co-location as well as
the proportion of the visa fee to be received by the Member
State whose consulate is being used.
2.
Where ‘Common Application Centres’ are established, staff
of the consulates of two or more Member States shall be pooled
in one building in order for applicants to lodge applications
(including biometric identifiers). Applicants shall be directed
to the Member State competent for examining and deciding
on the application. Member States shall agree on the duration
of and conditions for the termination of such cooperation as
well as the cost-sharing among the participating Member States.
One Member State shall be responsible for contracts in relation
to logistics and diplomatic relations with the host country.
3.
In the event of termination of cooperation with other
Member States, Member States shall assure the continuity of
full service.
Article 42
Recourse to honorary consuls
1.
Honorary consuls may also be authorised to perform
some or all of the tasks referred to in Article 43(6). Adequate
measures shall be taken to ensure security and data protection.
L 243/19
Article 43
Cooperation with external service providers
1.
Member States shall endeavour to cooperate with an
external service provider together with one or more Member
States, without prejudice to public procurement and
competition rules.
2.
Cooperation with an external service provider shall be
based on a legal instrument that shall comply with the
requirements set out in Annex X.
3.
Member States shall, within the framework of local
Schengen cooperation, exchange information about the
selection of external service providers and the establishment
of the terms and conditions of their respective legal
instruments.
4.
The examination of applications, interviews (where appro­
priate), the decision on applications and the printing and
affixing of visa stickers shall be carried out only by the
consulate.
5.
External service providers shall not have access to the VIS
under any circumstances. Access to the VIS shall be reserved
exclusively to duly authorised staff of consulates.
6.
An external service provider may be entrusted with the
performance of one or more of the following tasks:
(a) providing general information on visa requirements and
application forms;
(b) informing the applicant of the required supporting
documents, on the basis of a checklist;
(c) collecting data and applications (including collection of
biometric identifiers) and transmitting the application to
the consulate;
(d) collecting the visa fee;
(e) managing the appointments for appearance in person at the
consulate or at the external service provider;
2.
Where the honorary consul is not a civil servant of a
Member State, the performance of those tasks shall comply
with the requirements set out in Annex X, except for the
provisions in point D(c) of that Annex.
(f) collecting the travel documents, including a refusal notifi­
cation if applicable, from the consulate and returning them
to the applicant.
3.
Where the honorary consul is a civil servant of a Member
State, the Member State concerned shall ensure that
requirements comparable to those which would apply if the
tasks were performed by its consulate are applied.
7.
When selecting an external service provider, the Member
State(s) concerned shall scrutinise the solvency and reliability of
the company, including the necessary licences, commercial
registration, company statutes, bank contracts, and ensure that
there is no conflict of interests.
L 243/20
EN
Official Journal of the European Union
8.
The Member State(s) concerned shall ensure that the
external service provider selected complies with the terms and
conditions assigned to it in the legal instrument referred to in
paragraph 2.
9.
The Member State(s) concerned shall remain responsible
for compliance with data protection rules for the processing of
data and shall be supervised in accordance with Article 28 of
Directive 95/46/EC.
15.9.2009
12.
In the event of termination of cooperation with an
external service provider, Member States shall ensure the
continuity of full service.
13.
Member States shall provide the Commission with a
copy of the legal instrument referred to in paragraph 2.
Article 44
Encryption and secure transfer of data
Cooperation with an external service provider shall not limit or
exclude any liability arising under the national law of the
Member State(s) concerned for breaches of obligations with
regard to the personal data of applicants or the performance
of one or more of the tasks referred to in paragraph 6. This
provision is without prejudice to any action which may be
taken directly against the external service provider under the
national law of the third country concerned.
10.
The Member State(s) concerned shall provide training to
the external service provider, corresponding to the knowledge
needed to offer an appropriate service and sufficient
information to applicants.
11.
The Member State(s) concerned shall closely monitor the
implementation of the legal instrument referred to in paragraph
2, including:
(a) the general information on visa requirements and appli­
cation forms provided by the external service provider to
applicants;
(b) all the technical and organisational security measures
required to protect personal data against accidental or
unlawful destruction or accidental loss, alteration, unauth­
orised disclosure or access, in particular where the coop­
eration involves the transmission of files and data to the
consulate of the Member State(s) concerned, and all other
unlawful forms of processing personal data;
1.
In the case of representation arrangements between
Member States and cooperation of Member States with an
external service provider and recourse to honorary consuls,
the represented Member State(s) or the Member State(s)
concerned shall ensure that the data are fully encrypted,
whether electronically transferred or physically transferred on
an electronic storage medium from the authorities of the repre­
senting Member State to the authorities of the represented
Member State(s) or from the external service provider or from
the honorary consul to the authorities of the Member State(s)
concerned.
2.
In third countries which prohibit encryption of data to be
electronically transferred from the authorities of the repre­
senting Member State to the authorities of the represented
Member State(s) or from the external service provider or from
the honorary consul to the authorities of the Member State(s)
concerned, the represented Members State(s) or the Member
State(s) concerned shall not allow the representing Member
State or the external service provider or the honorary consul
to transfer data electronically.
In such a case, the represented Member State(s) or the Member
State(s) concerned shall ensure that the electronic data are trans­
ferred physically in fully encrypted form on an electronic
storage medium from the authorities of the representing
Member State to the authorities of the represented Member
State(s) or from the external service provider or from the
honorary consul to the authorities of the Member State(s)
concerned by a consular officer of a Member State or, where
such a transfer would require disproportionate or unreasonable
measures to be taken, in another safe and secure way, for
example by using established operators experienced in trans­
porting sensitive documents and data in the third country
concerned.
(c) the collection and transmission of biometric identifiers;
3.
In all cases the level of security for the transfer shall be
adapted to the sensitive nature of the data.
(d) the measures taken to ensure compliance with data
protection provisions.
4.
The Member States or the Community shall endeavour to
reach agreement with the third countries concerned with the
aim of lifting the prohibition against encryption of data to be
electronically transferred from the authorities of the repre­
senting Member State to the authorities of the represented
Member State(s) or from the external service provider or from
the honorary consul to the authorities of the Member State(s)
concerned.
To this end, the consulate(s) of the Member State(s) concerned
shall, on a regular basis, carry out spot checks on the premises
of the external service provider.
EN
15.9.2009
Official Journal of the European Union
Article 45
Member
States’
cooperation
with
intermediaries
L 243/21
Article 47
commercial
1.
Member States may cooperate with commercial inter­
mediaries for the lodging of applications, except for the
collection of biometric identifiers.
2.
Such cooperation shall be based on the granting of an
accreditation by Member States’ relevant authorities. The
accreditation shall, in particular, be based on the verification
of the following aspects:
(a) the current status of the commercial intermediary: current
licence, the commercial register, contracts with banks;
Information to the general public
1.
Member States’ central authorities and consulates shall
provide the general public with all relevant information in
relation to the application for a visa, in particular:
(a) the criteria, conditions and procedures for applying for a
visa;
(b) the means of obtaining an appointment, if applicable;
(c) where the application may be submitted (competent
consulate, Common Application Centre or external service
provider);
(d) accredited commercial intermediaries;
(b) existing contracts with commercial partners based in the
Member States offering accommodation and other package
tour services;
(c) contracts with transport companies, which must include an
outward journey, as well as a guaranteed and fixed return
journey.
3.
Accredited commercial intermediaries shall be monitored
regularly by spot checks involving personal or telephone
interviews with applicants, verification of trips and accom­
modation, verification that the travel medical insurance
provided is adequate and covers individual travellers, and
wherever deemed necessary, verification of the documents
relating to group return.
4.
Within local Schengen cooperation, information shall be
exchanged on the performance of the accredited commercial
intermediaries concerning irregularities detected and refusal of
applications submitted by commercial intermediaries, and on
detected forms of travel document fraud and failure to carry
out scheduled trips.
5.
Within local Schengen cooperation, lists shall be
exchanged of commercial intermediaries to which accreditation
has been given by each consulate and from which accreditation
has been withdrawn, together with the reasons for any such
withdrawal.
Each consulate shall make sure that the public is informed
about the list of accredited commercial intermediaries with
which it cooperates.
Article 46
Compilation of statistics
Member States shall compile annual statistics on visas, in
accordance with the table set out in Annex XII. These statistics
shall be submitted by 1 March for the preceding calendar year.
(e) the fact that the stamp as provided for in Article 20 has no
legal implications;
(f) the time limits for examining applications provided for in
Article 23(1), (2) and (3);
(g) the third countries whose nationals or specific categories of
whose nationals are subject to prior consultation or
information;
(h) that negative decisions on applications must be notified to
the applicant, that such decisions must state the reasons on
which they are based and that applicants whose applications
are refused have a right to appeal, with information
regarding the procedure to be followed in the event of an
appeal, including the competent authority, as well as the
time limit for lodging an appeal;
(i) that mere possession of a visa does not confer an automatic
right of entry and that the holders of visa are requested to
present proof that they fulfil the entry conditions at the
external border, as provided for in Article 5 of the
Schengen Borders Code.
2.
The representing and represented Member State shall
inform the general public about representation arrangements
as referred to in Article 8 before such arrangements enter
into force.
TITLE V
LOCAL SCHENGEN COOPERATION
Article 48
Local Schengen cooperation between Member States’
consulates
1.
In order to ensure a harmonised application of the
common visa policy taking into account, where appropriate,
local circumstances, Member States’ consulates and the
Commission shall cooperate within each jurisdiction and
assess the need to establish in particular:
L 243/22
EN
Official Journal of the European Union
(a) a harmonised list of supporting documents to be submitted
by applicants, taking into account Article 14 and Annex II;
(b) common criteria for examining applications in relation to
exemptions from paying the visa fee in accordance with
Article 16(5) and matters relating to the translation of the
application form in accordance with Article 11(5);
(c) an exhaustive list of travel documents issued by the host
country, which shall be updated regularly.
If in relation to one or more of the points (a) to (c), the
assessment within local Schengen cooperation confirms the
need for a local harmonised approach, measures on such an
approach shall be adopted pursuant to the procedure referred to
in Article 52(2).
2.
Within local Schengen cooperation a common
information sheet shall be established on uniform visas and
visas with limited territorial validity and airport transit visas,
namely, the rights that the visa implies and the conditions for
applying for it, including, where applicable, the list of
supporting documents as referred to in paragraph 1(a).
3.
The following information shall be exchanged within local
Schengen cooperation:
(a) monthly statistics on uniform visas, visas with limited terri­
torial validity, and airport transit visas issued, as well as the
number of visas refused;
15.9.2009
(d) information on insurance companies providing adequate
travel medical insurance, including verification of the type
of coverage and possible excess amount.
4.
Local Schengen cooperation meetings to deal specifically
with operational issues in relation to the application of the
common visa policy shall be organised regularly among
Member States and the Commission. These meetings shall be
convened within the jurisdiction by the Commission, unless
otherwise agreed at the request of the Commission.
Single-topic meetings may be organised and sub-groups set up
to study specific issues within local Schengen cooperation.
5.
Summary reports of local Schengen cooperation meetings
shall be drawn up systematically and circulated locally. The
Commission may delegate the drawing up of the reports to a
Member State. The consulates of each Member State shall
forward the reports to their central authorities.
On the basis of these reports, the Commission shall draw up an
annual report within each jurisdiction to be submitted to the
European Parliament and the Council.
6.
Representatives of the consulates of Member States not
applying the Community acquis in relation to visas, or of
third countries, may on an ad hoc basis be invited to participate
in meetings for the exchange of information on issues relating
to visas.
TITLE VI
FINAL PROVISIONS
(b) with regard to the assessment of migratory and/or security
risks, information on:
(i) the socioeconomic structure of the host country;
(ii) sources of information at local level, including social
security, health insurance, fiscal registers and entryexit registrations;
(iii) the use of false, counterfeit or forged documents;
Article 49
Arrangements in relation to the Olympic Games and
Paralympic Games
Member States hosting the Olympic Games and Paralympic
Games shall apply the specific procedures and conditions facili­
tating the issuing of visas set out in Annex XI.
Article 50
Amendments to the Annexes
Measures designed to amend non-essential elements of this
Regulation and amending Annexes I, II, III, IV, V, VI, VII, VIII
and XII shall be adopted in accordance with the regulatory
procedure with scrutiny referred to in Article 52(3).
(iv) illegal immigration routes;
Article 51
(v) refusals;
(c) information on cooperation with transport companies;
Instructions on the practical application of the Visa Code
Operational instructions on the practical application of the
provisions of this Regulation shall be drawn up in accordance
with the procedure referred to in Article 52(2).
15.9.2009
EN
Official Journal of the European Union
L 243/23
Article 52
Article 54
Committee procedure
Amendments to Regulation (EC) No 767/2008
1.
The Commission shall be assisted by a committee (the
Visa Committee).
Regulation (EC) No 767/2008 is hereby amended as follows:
1. Article 4(1) shall be amended as follows:
2.
Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof and provided that the imple­
menting measures adopted in accordance with this procedure
do not modify the essential provisions of this Regulation.
The period laid down in Article 5(6) of Decision 1999/468/EC
shall be three months.
3.
Where reference is made to this paragraph, Articles 5a(1)
to (4) and 7 of Decision 1999/468/EC shall apply, having
regard to the provisions of Article 8 thereof.
Article 53
Notification
1.
Member States shall notify the Commission of:
(a) representation arrangements referred to in Article 8;
(b) third countries whose nationals are required by individual
Member States to hold an airport transit visa when passing
through the international transit areas of airports situated
on their territory, as referred to in Article 3;
(c) the national form for proof of sponsorship and/or private
accommodation referred to in Article 14(4), if applicable;
(d) the list of third countries for which prior consultation
referred to in Article 22(1) is required;
(e) the list of third countries for which information referred to
in Article 31(1) is required;
(f) the additional national entries in the ‘comments’ section of
the visa sticker, as referred to in Article 27(2);
(g) authorities competent for extending visas, as referred to in
Article 33(5);
(h) the forms of cooperation chosen as referred to in
Article 40;
(i) statistics compiled in accordance with Article 46 and Annex
XII.
(a) point (a) shall be replaced by the following:
‘(a) “uniform visa” as defined in Article 2(3) of Regu­
lation (EC) No 810/2009 of the European
Parliament and of the Council of 13 July 2009
establishing a Community code on Visas (Visa
Code) (*);
___________
(*) OJ L 243, 15.9.2009, p. 1.’;
(b) point (b) shall be deleted;
(c) point (c) shall be replaced by the following:
‘(c) “airport transit visa” as defined in Article 2(5) of
Regulation (EC) No 810/2009;’;
(d) point (d) shall be replaced by the following:
‘(d) “visa with limited territorial validity” as defined in
Article 2(4) of Regulation (EC) No 810/2009;’;
(e) point (e) shall be deleted;
2. in Article 8(1), the words ‘On receipt of an application’,
shall be replaced by the following:
‘When the application is admissible according to Article 19
of Regulation (EC) No 810/2009’;
3. Article 9 shall be amended as follows:
(a) the heading shall be replaced by the following:
‘Data to be entered on application’;
(b) paragraph 4 shall be amended as follows:
(i) point (a) shall be replaced by the following:
‘(a) surname (family name), surname at birth
(former family name(s)), first name(s) (given
name(s)); date of birth, place of birth,
country of birth, sex;’;
(ii) point (e) shall be deleted;
(iii) point (g) shall be replaced by the following:
2.
The Commission shall make the information notified
pursuant to paragraph 1 available to the Member States and
the public via a constantly updated electronic publication.
‘(g) Member State(s) of destination and duration
of the intended stay or transit;’;
L 243/24
EN
Official Journal of the European Union
(iv) point (h) shall be replaced by the following:
intended stay and for the return to his
country of origin or residence, or for the
transit to a third country into which he is
certain to be admitted, or is not in a
position to acquire such means lawfully;
‘(h) main purpose(s) of the journey;’;
(v) point (i) shall be replaced by the following:
‘(i) intended date of arrival in the Schengen area
and intended date of departure from the
Schengen area;’;
(vi) point (j) shall be replaced by the following:
‘(j) Member State of first entry;’;
15.9.2009
(iv) has already stayed for three months during the
current six-month period on the territory of
the Member States on a basis of a uniform
visa or a visa with limited territorial validity;
(v) is a person for whom an alert has been issued
in the SIS for the purpose of refusing entry;
(vii) point (k) shall be replaced by the following:
‘(k) the applicant’s home address;’;
(viii) in point (l), the word ‘school’ shall be replaced by:
‘educational establishment’;
(ix) in point (m), the words ‘father and mother’ shall
be replaced by ‘parental authority or legal
guardian’;
4. the following point shall be added to Article 10(1):
‘(k) if applicable, the information indicating that the visa
sticker has been filled in manually.’;
5. in Article 11, the introductory paragraph shall be replaced
by the following:
‘Where the visa authority representing another Member
State discontinues the examination of the application, it
shall add the following data to the application file:’;
(vi) is considered to be a threat to public policy,
internal security or public health as defined in
Article 2(19) of the Schengen Borders Code or
to the international relations of any of the
Member States, in particular where an alert
has been issued in Member States’ national
databases for the purpose of refusing entry
on the same grounds;
(vii) does not provide proof of holding adequate
and valid travel medical insurance, where
applicable;
(b) the information submitted regarding the justifi­
cation for the purpose and conditions of the
intended stay was not reliable;
(c) the applicant’s intention to leave the territory of the
Member States before the expiry of the visa could
not be ascertained;
6. Article 12 shall be amended as follows:
(a) in paragraph 1, point (a) shall be replaced by the
following:
‘(a) status information indicating that the visa has been
refused and whether that authority refused it on
behalf of another Member State;’;
(b) paragraph 2 shall be replaced by the following:
‘2.
The application file shall also indicate the
ground(s) for refusal of the visa, which shall be one
or more of the following:
(a) the applicant:
(d) sufficient proof that the applicant has not been in a
position to apply for a visa in advance justifying
application for a visa at the border was not
provided.’;
7. Article 13 shall be replaced by the following:
‘Article 13
Data to be added for a visa annulled or revoked
1.
Where a decision has been taken to annul or to
revoke a visa, the visa authority that has taken the
decision shall add the following data to the application file:
(i) presents a travel document which is false,
counterfeit or forged;
(a) status information indicating that the visa has been
annulled or revoked;
(ii) does not provide justification for the purpose
and conditions of the intended stay;
(b) authority that annulled or revoked the visa, including
its location;
(iii) does not provide proof of sufficient means of
subsistence, both for the duration of the
(c) place and date of the decision.
15.9.2009
EN
Official Journal of the European Union
2.
The application file shall also indicate the ground(s)
for annulment or revocation, which shall be:
(a) one or more of the ground(s) listed in Article 12(2);
(b) the request of the visa holder to revoke the visa.’;
L 243/25
Article 55
Amendments to Regulation (EC) No 562/2006
Annex V, Part A of Regulation (EC) No 562/2006 is hereby
amended as follows:
(a) point 1(c), shall be replaced by the following:
8. Article 14 shall be amended as follows:
‘(c) annul or revoke the visas, as appropriate, in accordance
with the conditions laid down in Article 34 of Regu­
lation (EC) No 810/2009 of the European Parliament
and of the Council of 13 July 2009 establishing a
Community code on visas (Visa Code) (*);
(a) paragraph 1 shall be amended as follows:
(i) the introductory paragraph shall be replaced by the
following:
‘1.
Where a decision has been taken to extend
the period of validity and/or the duration of stay of
an issued visa, the visa authority which extended
the visa shall add the following data to the appli­
cation file:’;
___________
(*) OJ L 243, 15.9.2009, p. 1.’;
(b) point 2 shall be deleted.
Article 56
(ii) point (d) shall be replaced by the following:
Repeals
‘(d) the number of the visa sticker of the extended
visa;’;
(iii) point (g) shall be replaced by the following:
‘(g) the territory in which the visa holder is entitled
to travel, if the territorial validity of the
extended visa differs from that of the original
visa;’;
(b) in paragraph 2, point (c) shall be deleted;
9. in Article 15(1), the words ‘extend or shorten the validity
of the visa’ shall be replaced by ‘or extend the visa’;
10. Article 17 shall be amended as follows:
(a) point 4 shall be replaced by the following:
‘4. Member State of first entry;’;
(b) point 6 shall be replaced by the following:
1.
Articles 9 to 17 of the Convention implementing the
Schengen Agreement of 14 June 1985 shall be repealed.
2.
The following shall be repealed:
(a) Decision of the Schengen Executive Committee of 28 April
1999 on the definitive versions of the Common Manual and
the Common Consular Instructions (SCH/Com-ex (99) 13
(the Common Consular Instructions, including the
Annexes);
(b) Decisions of the Schengen Executive Committee of
14 December 1993 extending the uniform visa
(SCH/Com-ex (93) 21) and on the common principles for
cancelling, rescinding or shortening the length of validity of
the uniform visa (SCH/Com-ex (93) 24), Decision of the
Schengen Executive Committee of 22 December 1994 on
the exchange of statistical information on the issuing of
uniform visas (SCH/Com-ex (94) 25), Decision of the
Schengen Executive Committee of 21 April 1998 on the
exchange of statistics on issued visas (SCH/Com-ex (98) 12)
and Decision of the Schengen Executive Committee of
16 December 1998 on the introduction of a harmonised
form providing proof of invitation, sponsorship and accom­
modation (SCH/Com-ex (98) 57);
‘6. the type of visa issued;’;
(c) point 11 shall be replaced by the following:
‘11. main purpose(s) of the journey;’;
11. in Article 18(4)(c), Article 19(2)(c), Article 20(2)(d),
Article 22(2)(d), the words ‘or shortened’ shall be deleted;
12. in Article 23(1)(d), the word ‘shortened’ shall be deleted.
(c) Joint Action 96/197/JHA of 4 March 1996 on airport
transit arrangements (1);
(d) Council Regulation (EC) No 789/2001 of 24 April 2001
reserving to the Council implementing powers with regard
to certain detailed provisions and practical procedures for
examining visa applications (2);
(1) OJ L 63, 13.3.1996, p. 8.
(2) OJ L 116, 26.4.2001, p. 2.
L 243/26
EN
Official Journal of the European Union
(e) Council Regulation (EC) No 1091/2001 of 28 May 2001 on
freedom of movement with a long-stay visa (1);
(f) Council Regulation (EC) No 415/2003 of 27 February 2003
on the issue of visas at the border, including the issue of
such visas to seamen in transit (2);
(g) Article 2 of Regulation (EC) No 390/2009 of the European
Parliament and of the Council of 23 April 2009 amending
the Common Consular Instructions on visas for diplomatic
and consular posts in relation to the introduction of
biometrics including provisions on the organisation of the
reception and processing of visa applications (3).
3.
References to repealed instruments shall be construed as
references to this Regulation and read in accordance with the
correlation table in Annex XIII.
Article 57
Monitoring and evaluation
1.
Two years after all the provisions of this Regulation have
become applicable, the Commission shall produce an evaluation
of its application. This overall evaluation shall include an exam­
ination of the results achieved against objectives and of the
implementation of the provisions of this Regulation, without
prejudice to the reports referred to in paragraph 3.
2.
The Commission shall transmit the evaluation referred to
in paragraph 1 to the European Parliament and the Council. On
the basis of the evaluation, the Commission shall submit, if
necessary, appropriate proposals with a view to amending this
Regulation.
3.
The Commission shall present, three years after the VIS is
brought into operation and every four years thereafter, a report
to the European Parliament and to the Council on the imple­
mentation of Articles 13, 17, 40 to 44 of this Regulation,
including the implementation of the collection and use of
biometric identifiers, the suitability of the ICAO standard
15.9.2009
chosen, compliance with data protection rules, experience
with external service providers with specific reference to the
collection of biometric data, the implementation of the 59month rule for the copying of fingerprints and the organisation
of the procedures relating to applications. The report shall also
include, on the basis of Article 17(12), (13) and (14) and of
Article 50(4) of the VIS Regulation, the cases in which
fingerprints could factually not be provided or were not
required to be provided for legal reasons, compared with the
number of cases in which fingerprints were taken. The report
shall include information on cases in which a person who could
factually not provide fingerprints was refused a visa. The report
shall be accompanied, where necessary, by appropriate
proposals to amend this Regulation.
4.
The first of the reports referred to in paragraph 3 shall
also address the issue of the sufficient reliability for identifi­
cation and verification purposes of fingerprints of children
under the age of 12 and, in particular, how fingerprints
evolve with age, on the basis of the results of a study carried
out under the responsibility of the Commission.
Article 58
Entry into force
1.
This Regulation shall enter into force on the 20th day
following its publication in the Official Journal of the European
Union.
2.
It shall apply from 5 April 2010.
3.
Article 52 and Article 53(1)(a) to (h) and (2) shall apply
from 5 October 2009.
4.
As far as the Schengen Consultation Network (Technical
Specifications) is concerned, Article 56(2)(d) shall apply from
the date referred to in Article 46 of the VIS Regulation.
5.
Article 32(2) and (3), Article 34(6) and (7) and
Article 35(7) shall apply from 5 April 2011.
This Regulation shall be binding in its entirety and directly applicable in the Member States in
accordance with the Treaty establishing the European Community.
Done at Brussels, 13 July 2009.
(1) OJ L 150, 6.6.2001, p. 4.
(2) OJ L 64, 7.3.2003, p. 1.
(3) OJ L 131, 28.5.2009, p. 1.
For the European Parliament
The President
For the Council
The President
H.-G. PÖTTERING
E. ERLANDSSON
15.9.2009
EN
Official Journal of the European Union
ANNEX I
L 243/27
L 243/28
EN
Official Journal of the European Union
15.9.2009
15.9.2009
EN
Official Journal of the European Union
L 243/29
L 243/30
EN
Official Journal of the European Union
ANNEX II
Non-exhaustive list of supporting documents
The supporting documents referred to in Article 14, to be submitted by visa applicants may include the following:
A. DOCUMENTATION RELATING TO THE PURPOSE OF THE JOURNEY
1. for business trips:
(a) an invitation from a firm or an authority to attend meetings, conferences or events connected with trade,
industry or work;
(b) other documents which show the existence of trade relations or relations for work purposes;
(c) entry tickets for fairs and congresses, if appropriate;
(d) documents proving the business activities of the company;
(e) documents proving the applicant’s employment status in the company;
2. for journeys undertaken for the purposes of study or other types of training:
(a) a certificate of enrolment at an educational establishment for the purposes of attending vocational or theor­
etical courses within the framework of basic and further training;
(b) student cards or certificates of the courses to be attended;
3. for journeys undertaken for the purposes of tourism or for private reasons:
(a) documents relating to accommodation:
— an invitation from the host if staying with one,
— a document from the establishment providing accommodation or any other appropriate document indi­
cating the accommodation envisaged;
(b) documents relating to the itinerary:
— confirmation of the booking of an organised trip or any other appropriate document indicating the
envisaged travel plans,
— in the case of transit: visa or other entry permit for the third country of destination; tickets for onward
journey;
4. for journeys undertaken for political, scientific, cultural, sports or religious events or other reasons:
— invitation, entry tickets, enrolments or programmes stating (wherever possible) the name of the host organi­
sation and the length of stay or any other appropriate document indicating the purpose of the journey;
5. for journeys of members of official delegations who, following an official invitation addressed to the government of
the third country concerned, participate in meetings, consultations, negotiations or exchange programmes, as well
as in events held in the territory of a Member State by intergovernmental organisations:
— a letter issued by an authority of the third country concerned confirming that the applicant is a member of the
official delegation travelling to a Member State to participate in the abovementioned events, accompanied by a
copy of the official invitation;
6. for journeys undertaken for medical reasons:
— an official document of the medical institution confirming necessity for medical care in that institution and
proof of sufficient financial means to pay for the medical treatment.
15.9.2009
15.9.2009
EN
Official Journal of the European Union
B. DOCUMENTATION ALLOWING FOR THE ASSESSMENT OF THE APPLICANT’S INTENTION TO LEAVE THE
TERRITORY OF THE MEMBER STATES
1. reservation of or return or round ticket;
2. proof of financial means in the country of residence;
3. proof of employment: bank statements;
4. proof of real estate property;
5. proof of integration into the country of residence: family ties; professional status.
C. DOCUMENTATION IN RELATION TO THE APPLICANT’S FAMILY SITUATION
1. consent of parental authority or legal guardian (when a minor does not travel with them);
2. proof of family ties with the host/inviting person.
L 243/31
EN
L 243/32
Official Journal of the European Union
ANNEX III
UNIFORM FORMAT AND USE OF THE STAMP INDICATING THAT A VISA APPLICATION IS ADMISSIBLE
… visa … (1)
xx/xx/xxxx (2)
… (3)
Example:
C visa FR
22.4.2009
Consulat de France
Djibouti
The stamp shall be placed on the first available page that contains no entries or stamps in the travel document.
(1) Code of the Member State examining the application. The codes as set out in Annex VII point 1.1 are used.
(2) Date of application (eight digits: xx day, xx month, xxxx year).
(3) Authority examining the visa application.
15.9.2009
EN
15.9.2009
Official Journal of the European Union
ANNEX IV
Common list of third countries listed in Annex I to Regulation (EC) No 539/2001, whose nationals are required
to be in possession of an airport transit visa when passing through the international transit area of airports
situated on the territory of the Member States
AFGHANISTAN
BANGLADESH
DEMOCRATIC REPUBLIC OF THE CONGO
ERITREA
ETHIOPIA
GHANA
IRAN
IRAQ
NIGERIA
PAKISTAN
SOMALIA
SRI LANKA
L 243/33
EN
L 243/34
Official Journal of the European Union
ANNEX V
LIST OF RESIDENCE PERMITS ENTITLING THEIR HOLDERS TO TRANSIT THROUGH THE AIRPORTS OF
MEMBER STATES WITHOUT BEING REQUIRED TO HOLD AN AIRPORT TRANSIT VISA
ANDORRA:
— Tarjeta provisional de estancia y de trabajo (provisional residence and work permit) (white). These are issued to
seasonal workers; the period of validity depends on the duration of employment, but never exceeds six months. This
permit is not renewable,
— Tarjeta de estancia y de trabajo (residence and work permit) (white). This permit is issued for six months and may be
renewed for another year,
— Tarjeta de estancia (residence permit) (white). This permit is issued for six months and may be renewed for another
year,
— Tarjeta temporal de residencia (temporary residence permit) (pink). This permit is issued for one year and may be
renewed twice, each time for another year,
— Tarjeta ordinaria de residencia (ordinary residence permit) (yellow). This permit is issued for three years and may be
renewed for another three years,
— Tarjeta privilegiada de residencia (special residence permit) (green). This permit is issued for five years and is
renewable, each time for another five years,
— Autorización de residencia (residence authorisation) (green). This permit is issued for one year and is renewable, each
time for another three years,
— Autorización temporal de residencia y de trabajo (temporary residence and work authorisation) (pink). This permit is
issued for two years and may be renewed for another two years,
— Autorización ordinaria de residencia y de trabajo (ordinary residence and work authorisation) (yellow). This permit is
issued for five years,
— Autorización privilegiada de residencia y de trabajo (special residence and work authorisation) (green). This permit is
issued for 10 years and is renewable, each time for another 10 years.
CANADA:
— Permanent resident card (plastic card).
JAPAN:
— Re-entry permit to Japan.
SAN MARINO:
— Permesso di soggiorno ordinario (validità illimitata) (ordinary residence permit (no expiry date)),
— Permesso di soggiorno continuativo speciale (validità illimitata) (special permanent residence permit (no expiry date)),
— Carta d’identità de San Marino (validità illimitata) (San Marino identity card (no expiry date)).
UNITED STATES OF AMERICA:
— Form I-551 permanent resident card (valid for 2 to 10 years),
— Form I-551 Alien registration receipt card (valid for 2 to 10 years),
— Form I-551 Alien registration receipt card (no expiry date),
— Form I-327 Re-entry document (valid for two years — issued to holders of a I-551),
— Resident alien card (valid for 2 or 10 years or no expiry date. This document guarantees the holder’s return only if his
stay outside the USA has not exceeded one year),
— Permit to re-enter (valid for two years. This document guarantees the holder’s return only if his stay outside the USA
has not exceeded two years),
— Valid temporary residence stamp in a valid passport (valid for one year from the date of issue).
15.9.2009
15.9.2009
EN
Official Journal of the European Union
ANNEX VI
L 243/35
L 243/36
EN
Official Journal of the European Union
15.9.2009
EN
15.9.2009
Official Journal of the European Union
ANNEX VII
FILLING IN THE VISA STICKER
1.
Mandatory entries section
1.1. ‘VALID FOR’ heading:
This heading indicates the territory in which the visa holder is entitled to travel.
This heading may be completed in one of the following ways only:
(a) Schengen States;
(b) Schengen State or Schengen States to whose territory the validity of the visa is limited (in this case the following
abbreviations are used):
BE
BELGIUM
CZ
CZECH REPUBLIC
DK
DENMARK
DE
GERMANY
EE
ESTONIA
GR
GREECE
ES
SPAIN
FR
FRANCE
IT
ITALY
LV
LATVIA
LT
LITHUANIA
LU
LUXEMBOURG
HU
HUNGARY
MT
MALTA
NL
NETHERLANDS
AT
AUSTRIA
PL
POLAND
PT
PORTUGAL
SI
SLOVENIA
SK
SLOVAKIA
FI
FINLAND
SE
SWEDEN
IS
ICELAND
NO
NORWAY
CH
SWITZERLAND
1.2. When the sticker is used to issue a uniform visa this heading is filled in using the words ‘Schengen States’, in the
language of the issuing Member State.
1.3. When the sticker is used to issue a visa with limited territorial validity pursuant to Article 25(1) of this Regulation
this heading is filled in with the name(s) of the Member State(s) to which the visa holder’s stay is limited, in the
language of the issuing Member State.
1.4. When the sticker is used to issue a visa with limited territorial validity pursuant to Article 25(3) of this Regulation,
the following options for the codes to be entered may be used:
(a) entry of the codes for the Member States concerned;
L 243/37
EN
L 243/38
Official Journal of the European Union
(b) entry of the words ‘Schengen States’, followed in brackets by the minus sign and the codes of the Member States
for whose territory the visa is not valid;
(c) in case the ‘valid for’ field is not sufficient for entering all codes for the Member States (not) recognising the
travel document concerned the font size of the letters used is reduced.
2.
‘FROM ... TO’ heading:
This heading indicates the period of the visa holder’s stay as authorised by the visa.
The date from which the visa holder may enter the territory for which the visa is valid is written as below, following
the word ‘FROM’:
— the day is written using two digits, the first of which is a zero if the day in question is a single digit,
— horizontal dash,
— the month is written using two digits, the first of which is a zero if the month in question is a single digit,
— horizontal dash,
— the year is written using two digits, which correspond with the last two digits of the year.
For example: 05-12-07 = 5 December 2007.
The date of the last day of the period of the visa holder’s authorised stay is entered after the word ‘TO’ and is written
in the same way as the first date. The visa holder must have left the territory for which the visa is valid by midnight
on that date.
3.
‘NUMBER OF ENTRIES’ heading:
This heading shows the number of times the visa holder may enter the territory for which the visa is valid, i.e. it
refers to the number of periods of stay which may be spread over the entire period of validity, see 4.
The number of entries may be one, two or more. This number is written to the right-hand side of the preprinted
part, using ‘01’, ‘02’ or the abbreviation ‘MULT’, where the visa authorises more than two entries.
When a multiple airport transit visa is issued pursuant to Article 26(3) of this Regulation, the visa’s validity is
calculated as follows: first date of departure plus six months.
The visa is no longer valid when the total number of exits made by the visa holder equals the number of authorised
entries, even if the visa holder has not used up the number of days authorised by the visa.
4.
‘DURATION OF VISIT ... DAYS’ heading:
This heading indicates the number of days during which the visa holder may stay in the territory for which the visa
is valid. This stay may be continuous or, depending on the number of days authorised, spread over several periods
between the dates mentioned under 2, bearing in mind the number of entries authorised under 3.
The number of days authorised is written in the blank space between ‘DURATION OF VISIT’ and ‘DAYS’, in the
form of two digits, the first of which is a zero if the number of days is less than 10.
The maximum number of days that may be entered under this heading is 90.
When a visa is valid for more than six months, the duration of stays is 90 days in every six-month period.
5.
‘ISSUED IN ... ON …’ heading:
This heading gives the name of the location where the issuing authority is situated. The date of issue is indicated
after ‘ON’.
The date of issue is written in the same way as the date referred to in 2.
6.
‘PASSPORT NUMBER’ heading:
This heading indicates the number of the travel document to which the visa sticker is affixed.
In case the person to whom the visa is issued is included in the passport of the spouse, parental authority or legal
guardian, the number of the travel document of that person is indicated.
15.9.2009
EN
15.9.2009
Official Journal of the European Union
L 243/39
When the applicant’s travel document is not recognised by the issuing Member State, the uniform format for the
separate sheet for affixing visas is used for affixing the visa.
The number to be entered under this heading, if the visa sticker is affixed to the separate sheet, is not the passport
number but the same typographical number as appears on the form, made up of six digits.
7.
‘TYPE OF VISA’ heading:
In order to facilitate matters for the control authorities, this heading specifies the type of visa using the letters A, C
and D as follows:
A: airport transit visa (as defined in Article 2(5) of this Regulation)
C: visa (as defined in Article 2(2) of this Regulation)
D: long-stay visa
8.
‘SURNAME AND FIRST NAME’ heading:
The first word in the ‘surname’ box followed by the first word in the ‘first name’ box of the visa holder’s travel
document is written in that order. The issuing authority verifies that the name and first name which appear in the
travel document and which are to be entered under this heading and in the section to be electronically scanned are
the same as those appearing in the visa application. If the number of characters of the surname and first name
exceeds the number of spaces available, the excess characters are replaced by a dot (.).
9.
(a) Mandatory entries to be added in the ‘COMMENTS’ section
— in the case of a visa issued on behalf of another Member State pursuant to Article 8, the following mention is
added: ‘R/[Code of represented Member State]’,
— in the case of a visa issued for the purpose of transit, the following mention is added: ‘TRANSIT’;
(b) National entries in ‘COMMENTS’ section
This section also contains the comments in the language of the issuing Member State relating to national
provisions. However, such comments shall not duplicate the mandatory comments referred to in point 1;
(c) Section for the photograph
The visa holder’s photograph, in colour, shall be integrated in the space reserved for that purpose.
The following rules shall be observed with respect to the photograph to be integrated into the visa sticker.
The size of the head from chin to crown shall be between 70 % and 80 % of the vertical dimension of the surface
of the photograph.
The minimum resolution requirements shall be:
— 300 pixels per inch (ppi), uncompressed, for scanning,
— 720 dots per inch (dpi) for colour printing of photos.
10. Machine-readable zone
This section is made up of two lines of 36 characters (OCR B-10 cpi).
First line: 36 characters (mandatory)
Positions
Number of characters
1-2
2
Heading contents
Type of document
Specifications
First character: V
Second character: code indicating type of visa
(A, C or D)
3-5
3
Issuing State
6-36
31
Surname
name
and
ICAO alphabetic code 3-character: BEL, CHE,
CZE, DNK, D<<, EST, GRC, ESP, FRA, ITA,
LVA, LTU, LUX, HUN, MLT, NLD, AUT, POL,
PRT, SVN, SVK, FIN, SWE, ISL, NOR
first
The surname should be separated from the
first names by 2 symbols (<<); individual
components of the name should be
separated by one symbol (<); spaces which
are not needed should be filled in with one
symbol (<)
L 243/40
EN
Official Journal of the European Union
15.9.2009
Second line: 36 characters (mandatory)
Positions
Number of characters
Heading contents
Specifications
1
9
Visa number
This is the number printed in the top righthand corner of the sticker
10
1
Control character
This character is the result of a complex
calculation, based on the previous area
according to an algorithm defined by the
ICAO
11
3
Applicant’s
nationality
Alphabetic coding according to ICAO 3character codes
14
6
Date of birth
The order followed is YYMMDD where:
YY = year (mandatory)
MM = month or << if unknown
DD = day or << if unknown
20
1
Control character
This character is the result of a complex
calculation, based on the previous area
according to an algorithm defined by the
ICAO
21
1
Sex
F = Female,
M = Male,
< = Not specified
22
6
Date on which the
visa’s validity ends
The order followed is YYMMDD without a
filler
28
1
Control character
This character is the result of a complex
calculation, based on the previous area
according to an algorithm defined by the
ICAO
29
1
Territorial validity
(a) For LTV visas, insert the letter T
(b) For uniform visas insert the filler <
30
1
Number of entries
1, 2, or M
31
2
Duration of stay
(a) Short stay: number of days should be
inserted in the visual reading area
(b) Long stay: <<
33
4
Start of validity
The structure is MMDD without any filler.
15.9.2009
EN
Official Journal of the European Union
ANNEX VIII
AFFIXING THE VISA STICKER
1. The visa sticker shall be affixed to the first page of the travel document that contains no entries or stamps — other
than the stamp indicating that an application is admissible.
2. The sticker shall be aligned with and affixed to the edge of the page of the travel document. The machine-readable
zone of the sticker shall be aligned with the edge of the page.
3. The stamp of the issuing authorities shall be placed in the ‘COMMENTS’ section in such a manner that it extends
beyond the sticker onto the page of the travel document.
4. Where it is necessary to dispense with the completion of the section to be scanned electronically, the stamp may be
placed in this section to render it unusable. The size and content of the stamp to be used shall be determined by the
national rules of the Member State.
5. To prevent re-use of a visa sticker affixed to the separate sheet for affixing a visa, the seal of the issuing authorities
shall be stamped to the right, straddling the sticker and the separate sheet, in such a way as neither to impede reading
of the headings and the comments nor to enter the machine-readable zone.
6. The extension of a visa, pursuant to Article 33 of this Regulation, shall take the form of a visa sticker. The seal of the
issuing authorities shall be affixed to the visa sticker.
L 243/41
L 243/42
EN
Official Journal of the European Union
ANNEX IX
PART 1
Rules for issuing visas at the border to seafarers in transit subject to visa requirements
These rules relate to the exchange of information between the competent authorities of the Member States with respect to
seafarers in transit subject to visa requirements. Insofar as a visa is issued at the border on the basis of the information
that has been exchanged, the responsibility lies with the Member State issuing the visa.
For the purposes of these rules:
‘Member State port’: means a port constituting an external border of a Member State;
‘Member State airport’: means an airport constituting an external border of a Member State.
I. Signing on a vessel berthed or expected at a Member State port (entry into the territory of the Member States)
— the shipping company or its agent shall inform the competent authorities at the Member State port where the ship
is berthed or expected that seafarers subject to visa requirements are due to enter via a Member State airport, land
or sea border. The shipping company or its agent shall sign a guarantee in respect of those seafarers that all
expenses for the stay and, if necessary, for the repatriation of the seafarers will be covered by the shipping
company,
— those competent authorities shall verify as soon as possible whether the information provided by the shipping
company or its agent is correct and shall examine whether the other conditions for entry into the territory of the
Member States have been satisfied. The travel route within the territory of the Member States shall also be verified
e.g. by reference to the (airline) tickets,
— when seafarers are due to enter via a Member State airport, the competent authorities at the Member State port
shall inform the competent authorities at the Member State airport of entry, by means of a duly completed form
for seafarers in transit who are subject to visa requirements (as set out in Part 2), sent by fax, electronic mail or
other means, of the results of the verification and shall indicate whether a visa may in principle be issued at the
border. When seafarers are due to enter via a land or a sea border, the competent authorities at the border post
via which the seafarer concerned enters the territory of the Member States shall be informed by the same
procedure,
— where the verification of the available data is positive and the outcome is clearly consistent with the seafarer’s
declaration or documents, the competent authorities at the Member State airport of entry or exit may issue a visa
at the border the authorised stay of which shall correspond to what is necessary for the purpose of the transit.
Furthermore, in such cases the seafarer’s travel document shall be stamped with a Member State entry or exit
stamp and given to the seafarer concerned.
II. Leaving service from a vessel that has entered a Member State port (exit from the territory of the Member States)
— the shipping company or its agent shall inform the competent authorities at that Member State port of entry of
seafarers subject to visa requirements who are due to leave their service and exit from the Member States territory
via a Member State airport, land or sea border. The shipping company or its agent shall sign a guarantee in
respect of those seafarers that all expenses for the stay and, if necessary, for the repatriation costs of the seafarers
will be covered by the shipping company,
— the competent authorities shall verify as soon as possible whether the information provided by the shipping
company or its agent is correct and shall examine whether the other conditions for entry into the territory of the
Member States have been satisfied. The travel route within the territory of the Member States shall also be verified
e.g. by reference to the (airline) tickets,
— where the verification of the available data is positive, the competent authorities may issue a visa the authorised
stay of which shall correspond to what is necessary for the purpose of the transit.
15.9.2009
15.9.2009
EN
Official Journal of the European Union
III. Transferring from a vessel that entered a Member State port to another vessel
— the shipping company or its agent shall inform the competent authorities at that Member State port of entry of
seafarers subject to visa requirements who are due to leave their service and exit from the territory of the Member
States via another Member State port. The shipping company or its agent shall sign a guarantee in respect of those
seafarers that all expenses for the stay and, if necessary, for the repatriation of the seafarers will be covered by the
shipping company,
— the competent authorities shall verify as soon as possible whether the information provided by the shipping
company or its agent is correct and shall examine whether the other conditions for entry into the territory of the
Member States have been satisfied. The competent authorities at the Member State port from which the seafarers
will leave the territory of the Member States by ship shall be contacted for the examination. A check shall be
carried out to establish whether the ship they are joining is berthed or expected there. The travel route within the
territory of the Member States shall also be verified,
— where the verification of the available data is positive, the competent authorities may issue a visa the authorised
stay of which shall correspond to what is necessary for the purpose of the transit.
L 243/43
L 243/44
EN
Official Journal of the European Union
PART 2
15.9.2009
EN
15.9.2009
Official Journal of the European Union
DETAILED DESCRIPTION OF FORM
Points 1-4: the identity of the seafarer
(1)
A. Surname(s)
B. Forename(s)
C. Nationality
D. Rank/Grade
(2)
A. Place of birth
B. Date of birth
(3)
A. Passport number
B. Date of issue
C. Period of validity
(4)
A. Seaman’s book number
B. Date of issue
C. Period of validity
As to points 3 and 4: depending on the nationality of the seafarer and the Member State being entered, a travel document
or a seaman’s book may be used for identification purposes.
Points 5-8: the shipping agent and the vessel concerned
(5)
Name of shipping agent (the individual or corporation that represents the ship owner on the spot in
all matters relating to the ship owner’s duties in fitting out the vessel) under 5A and telephone
number (and other contact details as fax number, electronic mail address) under 5B
(6)
A. Name of vessel
B. IMO-number (this number consists of 7 numbers and is also known as ‘Lloyds-number’)
C. Flag (under which the merchant vessel is sailing)
(7)
A. Date of arrival of vessel
B. Origin (port) of vessel
Letter ‘A’ refers to the vessel’s date of arrival in the port where the seafarer is to sign on
(8)
A. Date of departure of vessel
B. Destination of vessel (next port)
As to points 7A and 8A: indications regarding the length of time for which the seafarer may travel in order to sign on.
It should be remembered that the route followed is very much subject to unexpected interferences and external factors
such as storms, breakdowns, etc.
L 243/45
L 243/46
EN
Official Journal of the European Union
Points 9-12: purpose of the seafarer’s journey and his destination
(9) The ‘final destination’ is the end of the seafarer’s journey. This may be either the port at which he is to sign on or
the country to which he is heading if he is leaving service.
(10) Reasons for application
(a) In the case of signing on, the final destination is the port at which the seafarer is to sign on.
(b) In the case of transfer to another vessel within the territory of the Member States, it is also the port at which the
seafarer is to sign on. Transfer to a vessel situated outside the territory of the Member States must be regarded as
leaving service.
(c) In the case of leaving service, this can occur for various reasons, such as end of contract, accident at work,
urgent family reasons, etc.
(11) Means of transport
List of means used within the territory of the Member States by the seafarer in transit who is subject to a visa
requirement, in order to reach his final destination. On the form, the following three possibilities are envisaged:
(a) car (or coach);
(b) train;
(c) aeroplane.
(12) Date of arrival (on the territory of the Member States)
Applies primarily to a seafarer at the first Member State airport or border crossing point (since it may not always be
an airport) at the external border via which he wishes to enter the territory of the Member States.
Date of transit
This is the date on which the seafarer signs off at a port in the territory of the Member States and heads towards
another port also situated in the territory of the Member States.
Date of departure
This is the date on which the seafarer signs off at a port in the territory of the Member States to transfer to another
vessel at a port situated outside the territory of the Member States, or the date on which the seafarer signs off at a
port in the territory of the Member States to return to his home (outside the territory of the Member States).
After determining the three means of travel, available information should also be provided concerning those means:
(a) car, coach: registration number;
(b) train: name, number, etc.;
(c) flight data: date, time, number.
(13) Formal declaration signed by the shipping agent or the ship owner confirming his responsibility for the expenses for
the stay and, if necessary, for the repatriation of the seafarer.
15.9.2009
15.9.2009
EN
Official Journal of the European Union
ANNEX X
LIST OF MINIMUM REQUIREMENTS TO BE INCLUDED IN THE LEGAL INSTRUMENT IN THE CASE OF
COOPERATION WITH EXTERNAL SERVICE PROVIDERS
A. In relation to the performance of its activities, the external service provider shall, with regard to data protection:
(a) prevent at all times any unauthorised reading, copying, modification or deletion of data, in particular during their
transmission to the diplomatic mission or consular post of the Member State(s) competent for processing an
application;
(b) in accordance with the instructions given by the Member State(s) concerned, transmit the data,
— electronically, in encrypted form, or
— physically, in a secured way;
(c) transmit the data as soon as possible:
— in the case of physically transferred data, at least once a week,
— in the case of electronically transferred encrypted data, at the latest at the end of the day of their collection;
(d) delete the data immediately after their transmission and ensure that the only data that might be retained shall be
the name and contact details of the applicant for the purposes of the appointment arrangements, as well as the
passport number, until the return of the passport to the applicant, where applicable;
(e) ensure all the technical and organisational security measures required to protect personal data against accidental or
unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the
cooperation involves the transmission of files and data to the diplomatic mission or consular post of the
Member State(s) concerned and all other unlawful forms of processing personal data;
(f) process the data only for the purposes of processing the personal data of applicants on behalf of the Member
State(s) concerned;
(g) apply data protection standards at least equivalent to those set out in Directive 95/46/EC;
(h) provide applicants with the information required pursuant to Article 37 of the VIS Regulation.
B. In relation to the performance of its activities, the external service provider shall, with regard to the conduct of staff:
(a) ensure that its staff are appropriately trained;
(b) ensure that its staff in the performance of their duties:
— receive applicants courteously,
— respect the human dignity and integrity of applicants,
— do not discriminate against persons on grounds of sex, racial or ethnic origin, religion or belief, disability, age
or sexual orientation, and
— respect the rules of confidentiality which shall also apply once members of staff have left their job or after
suspension or termination of the legal instrument;
(c) provide identification of the staff working for the external service provider at all times;
(d) prove that its staff do not have criminal records and have the requisite expertise.
L 243/47
L 243/48
EN
Official Journal of the European Union
C. In relation to the verification of the performance of its activities, the external service provider shall:
(a) provide for access by staff entitled by the Member State(s) concerned to its premises at all times without prior
notice, in particular for inspection purposes;
(b) ensure the possibility of remote access to its appointment system for inspection purposes;
(c) ensure the use of relevant monitoring methods (e.g. test applicants; webcam);
(d) ensure access to proof of data protection compliance, including reporting obligations, external audits and regular
spot checks;
(e) report to the Member State(s) concerned without delay any security breaches or any complaints from applicants
on data misuse or unauthorised access, and coordinate with the Member State(s) concerned in order to find a
solution and give explanatory responses promptly to the complaining applicants.
D. In relation to general requirements, the external service provider shall:
(a) act under the instructions of the Member State(s) competent for processing the application;
(b) adopt appropriate anti-corruption measures (e.g. provisions on staff remuneration; cooperation in the selection of
staff members employed on the task; two-man-rule; rotation principle);
(c) respect fully the provisions of the legal instrument, which shall contain a suspension or termination clause, in
particular in the event of breach of the rules established, as well as a revision clause with a view to ensuring that
the legal instrument reflects best practice.
15.9.2009
15.9.2009
EN
Official Journal of the European Union
ANNEX XI
SPECIFIC PROCEDURES AND CONDITIONS FACILITATING THE ISSUING OF VISAS TO MEMBERS OF THE
OLYMPIC FAMILY PARTICIPATING IN THE OLYMPIC GAMES AND PARALYMPIC GAMES
CHAPTER I
Purpose and definitions
Article 1
Purpose
The following specific procedures and conditions facilitate the application for and issuing of visas to members of the
Olympic family for the duration of the Olympic and Paralympic Games organised by a Member State.
In addition, the relevant provisions of the Community acquis concerning procedures for applying for and issuing visas
shall apply.
Article 2
Definitions
For the purposes of this Regulation:
1. ‘Responsible organisations’ relate to measures envisaged to facilitate the procedures for applying for and issuing visas
for members of the Olympic family taking part in the Olympic and/or Paralympic Games, and they mean the official
organisations, in terms of the Olympic Charter, which are entitled to submit lists of members of the Olympic family to
the Organising Committee of the Member State hosting the Olympic and Paralympic Games with a view to the issue
of accreditation cards for the Games;
2. ‘Member of the Olympic family’ means any person who is a member of the International Olympic Committee, the
International Paralympic Committee, International Federations, the National Olympic and Paralympic Committees, the
Organising Committees of the Olympic Games and the national associations, such as athletes, judges/referees, coaches
and other sports technicians, medical personnel attached to teams or individual sportsmen/women and mediaaccredited journalists, senior executives, donors, sponsors or other official invitees, who agree to be guided by the
Olympic Charter, act under the control and supreme authority of the International Olympic Committee, are included
on the lists of the responsible organisations and are accredited by the Organising Committee of the Member State
hosting the Olympic and Paralympic Games as participants in the [year] Olympic and/or Paralympic Games;
3. ‘Olympic accreditation cards’ which are issued by the Organising Committee of the Member State hosting the Olympic
and Paralympic Games in accordance with its national legislation means one of two secure documents, one for the
Olympic Games and one for the Paralympic Games, each bearing a photograph of its holder, establishing the identity
of the member of the Olympic family and authorising access to the facilities at which competitions are held and to
other events scheduled throughout the duration of the Games;
4. ‘Duration of the Olympic Games and Paralympic Games’ means the period during which the Olympic Games and the
period during which the Paralympic Games take place;
5. ‘Organising Committee of the Member State hosting the Olympic and Paralympic Games’ means the Committee set up
on by the hosting Member State in accordance with its national legislation to organise the Olympic and Paralympic
Games, which decides on accreditation of members of the Olympic family taking part in those Games;
6. ‘Services responsible for issuing visas’ means the services designated by the Member State hosting the Olympic Games
and Paralympic Games to examine applications and issue visas to members of the Olympic family.
CHAPTER II
Issuing of visas
Article 3
Conditions
A visa may be issued pursuant to this Regulation only where the person concerned:
(a) has been designated by one of the responsible organisations and accredited by the Organising Committee of the
Member State hosting the Olympic and Paralympic Games as a participant in the Olympic and/or Paralympic Games;
L 243/49
EN
L 243/50
Official Journal of the European Union
(b) holds a valid travel document authorising the crossing of the external borders, as referred to in Article 5 of the
Schengen Borders Code;
(c) is not a person for whom an alert has been issued for the purpose of refusing entry;
(d) is not considered to be a threat to public policy, national security or the international relations of any of the Member
States.
Article 4
Filing of the application
1.
Where a responsible organisation draws up a list of the persons selected to take part in the Olympic and/or
Paralympic Games, it may, together with the application for the issue of an Olympic accreditation card for the persons
selected, file a collective application for visas for those persons selected who are required to be in possession of a visa in
accordance with Regulation (EC) No 539/2001, except where those persons hold a residence permit issued by a Member
State or a residence permit issued by the United Kingdom or Ireland, in accordance with Directive 2004/38/EC of the
European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members
to move and reside freely within the territory of the Member States (1).
2.
A collective application for visas for the persons concerned shall be forwarded at the same time as applications for
the issue of an Olympic accreditation card to the Organising Committee of the Member State hosting the Olympic and
Paralympic Games in accordance with the procedure established by it.
3.
Individual visa applications shall be submitted for each person taking part in the Olympic and/or Paralympic Games.
4.
The Organising Committee of the Member State hosting the Olympic and Paralympic Games shall forward to the
services responsible for issuing visas, a collective application for visas as quickly as possible, together with copies of
applications for the issue of an Olympic accreditation card for the persons concerned, bearing their full name, nationality,
sex and date and place of birth and the number, type and expiry date of their travel document.
Article 5
Examination of the collective application for visas and type of the visa issued
1.
The visa shall be issued by the services responsible for issuing visas following an examination designed to ensure
that the conditions set out in Article 3 are met.
2.
The visa issued shall be a uniform, multiple-entry visa authorising a stay of not more than three months for the
duration of the Olympic and/or Paralympic Games.
3.
Where the member of the Olympic family concerned does not meet the conditions set out in point (c) or (d) of
Article 3, the services responsible for issuing visas may issue a visa with limited territorial validity in accordance with
Article 25 of this Regulation.
Article 6
Form of the visa
1.
The visa shall take the form of two numbers entered on the Olympic accreditation card. The first number shall be
the visa number. In the case of a uniform visa, that number shall be made up of seven (7) characters comprising six (6)
digits preceded by the letter ‘C’. In the case of a visa with limited territorial validity, that number shall be made up of eight
(8) characters comprising six (6) digits preceded by the letters ‘XX’ (2). The second number shall be the number of the
travel document of the person concerned.
2.
The services responsible for issuing visas shall forward the visa numbers to the Organising Committee of the
Member State hosting the Olympic and Paralympic Games for the purpose of issuing Olympic accreditation cards.
(1) OJ L 158, 30.4.2004, p. 77.
(2) Reference to the ISO code of the organising Member State.
15.9.2009
EN
15.9.2009
Official Journal of the European Union
Article 7
Waiver of fees
The examination of visa applications and the issue of visas shall not give rise to any fees being charged by the services
responsible for issuing visas.
CHAPTER III
General and final provisions
Article 8
Cancellation of a visa
Where the list of persons put forward as participants in the Olympic and/or Paralympic Games is amended before the
Games begin, the responsible organisations shall inform without any delay the Organising Committee of the Member
State hosting the Olympic and Paralympic Games thereof so that the Olympic accreditation cards of the persons removed
from the list may be revoked. The Organising Committee shall notify the services responsible for issuing visas thereof and
shall inform them of the numbers of the visas in question.
The services responsible for issuing visas shall cancel the visas of the persons concerned. They shall immediately inform
the authorities responsible for border checks thereof, and the latter shall without delay forward that information to the
competent authorities of the other Member States.
Article 9
External border checks
1.
The entry checks carried out on members of the Olympic family who have been issued visas in accordance with this
Regulation shall, when such members cross the external borders of the Member States, be limited to checking compliance
with the conditions set out in Article 3.
2.
For the duration of the Olympic and/or Paralympic Games:
(a) entry and exit stamps shall be affixed to the first free page of the travel document of those members of the Olympic
family for whom it is necessary to affix such stamps in accordance with Article 10(1) of the Schengen Borders Code.
On first entry, the visa number shall be indicated on that same page;
(b) the conditions for entry provided for in Article 5(1)(c) of the Schengen Borders Code shall be presumed to be fulfilled
once a member of the Olympic family has been duly accredited.
3.
Paragraph 2 shall apply to members of the Olympic family who are third-country nationals, whether or not they are
subject to the visa requirement under Regulation (EC) No 539/2001.
L 243/51
L 243/52
EN
Official Journal of the European Union
ANNEX XII
ANNUAL STATISTICS ON UNIFORM VISAS, VISAS WITH LIMITED TERRITORIAL VALIDITY AND
AIRPORT TRANSIT VISAS
Data to be submitted to the Commission within the deadline set out in Article 46 for each location where individual
Member States issue visas:
— total of A visas applied for (including multiple A visas),
— total of A visas issued (including multiple A visas),
— total of multiple A visas issued,
— total of A visas not issued (including multiple A visas),
— total of C visas applied for (including multiple-entry C visas),
— total of C visas issued (including multiple-entry C visas),
— total of multiple-entry C visas issued,
— total of C visas not issued (including multiple-entry C visas),
— total of LTV visas issued.
General rules for the submission of data:
— the data for the complete previous year shall be compiled in one single file,
— the data shall be provided using the common template provided by the Commission,
— data shall be available for the individual locations where the Member State concerned issue visas and grouped by third
country,
— ‘Not issued’ covers data on refused visas and applications where the examination has been discontinued as provided
for in Article 8(2).
In the event of data being neither available nor relevant for one particular category and a third country, Member States
shall leave the cell empty (and not enter ‘0’ (zero), ‘N.A.’ (non-applicable) or any other value).
15.9.2009
EN
15.9.2009
Official Journal of the European Union
ANNEX XIII
CORRELATION TABLE
Provision of the Schengen Convention (CSA), Common Consular
Instructions (CCI) or of the Schengen Executive Committee (SCH/
Com-ex) replaced
Provision of this Regulation
TITLE I
GENERAL PROVISIONS
Article 1
CCI, Part I.1. Scope (CSA Articles 9 and 10)
Objective and scope
Article 2
CCI: Part I. 2. Definitions and types of visas
Definitions
CCI: Part IV ‘Legal basis’
(1)-(4)
CSA: Articles 11(2), 14(1), 15, 16
TITLE II
AIRPORT TRANSIT VISA
Article 3
Joint Action 96/197/JHA, CCI, Part I. 2.1.1
Third-country nationals required to hold an airport transit
visa
TITLE III
PROCEDURES AND CONDITIONS FOR ISSUING VISAS
CHAPTER I
Authorities taking part in the procedures relating to applications
Article 4
Authorities competent for taking part in the procedures
relating to applications
Article 5
CCI Part II. 4., CSA, Art. 12(1), Regulation (EC) No 415/
2003
CCI, Part II 1.1(a) (b), CSA Article 12(2)
Member State competent for examining and deciding on an
application
Article 6
CCI, Part II, 1.1 and 3
Consular territorial competence
Article 7
—
Competence to issue visas to third-country nationals legally
present within the territory of a Member State
Article 8
Representation agreements
CCI, Part II, 1.2
L 243/53
EN
L 243/54
Official Journal of the European Union
CHAPTER II
Application
Article 9
CCI, Annex 13, note (Article 10(1))
Practical modalities for lodging an application
Article 10
—
General rules for lodging an application
Article 11
CCI, Part III. 1.1.
Application form
Article 12
CCI, Part III. 2. (a), CSA, Article 13(1) and (2)
Travel document
Article 13
CCI, Part III. 1.2 (a) and (b)
Biometric identifiers
Article 14
CCI, Part III.2(b) and Part V.1.4, Com-ex (98) 57
Supporting documents
Article 15
CCI, Part V, 1.4
Travel medical insurance
Article 16
CCI Part VII. 4. and Annex 12
Visa fee
Article 17
CCI, Part VII, 1.7
Service fee
CHAPTER III
Examination of and decision on an application
Article 18
—
Verification of consular competence
Article 19
—
Admissibility
Article 20
CCI, Part VIII, 2
Stamp indicating that an application is admissible
Article 21
CCI, Part III.4 and Part V.1.
Verification of entry conditions and risk assessment
Article 22
CCI, Part II, 2.3 and Part V, 2.3(a)-(d)
Prior consultation of central authorities of other Member
States
Article 23
Decision on the application
CCI, Part V. 2.1 (second indent), 2.2, CCI
15.9.2009
15.9.2009
EN
Official Journal of the European Union
CHAPTER IV
Issuing of the visa
Article 24
CCI, Part V, 2.1
Issuing of a uniform visa
Article 25
CCI, Part V, 3, Annex 14, CSA 11(2), 14(1) and 16
Issuing of a visa with limited territorial validity
Article 26
CCI, Part I, 2.1.1 — Joint Action 96/197/JHA
Issuing of an airport transit visa
Article 27
CCI, Part VI.1-2-3-4
Filling in the visa sticker
Article 28
CCI, Part VI, 5.2
Invalidation of a completed visa sticker
Article 29
CCI, Part VI, 5.3
Affixing a visa sticker
Article 30
CCI, Part I, 2.1, last sentence
Rights derived from an issued visa
Article 31
—
Information of central authorities of other Member States
Article 32
—
Refusal of a visa
CHAPTER V
Modification of an issued visa
Com-ex (93) 21
Article 33
Extension
Article 34
Com-ex (93) 24 and Annex 14 to the CCI
Annulment and revocation
CHAPTER VI
Visas issued at the external borders
Article 35
Visas applied for at the external border
Article 36
Visas issued to seafarers in transit at the external border
Regulation (EC) No 415/2003
L 243/55
L 243/56
EN
Official Journal of the European Union
TITLE IV
ADMINISTRATIVE MANAGEMENT AND ORGANISATION
Article 37
CCI, VII, 1-2-3
Organisation of visa sections
Article 38
—
Resources for examining applications and monitoring of
consulates
CCI, Part VII, 1A
Article 39
CCI, Part III.5
Conduct of staff
Article 40
CCI, Part VII, 1AA
Forms of cooperation
Article 41
Cooperation between Member States
Article 42
CCI, Part VII, AB
Recourse to honorary consuls
Article 43
CCI, Part VII, 1B
Cooperation with external service providers
Article 44
CCI, Part II, 1.2, PART VII, 1.6, sixth, seventh, eighth and
ninth subparagraphs
Encryption and secure transfer of data
Article 45
CCI, VIII, 5.2
Member States’ cooperation with commercial intermediaries
SCH Com-ex (94) 25 and (98) 12
Article 46
Compilation of statistics
Article 47
—
Information to the general public
TITLE V
LOCAL SCHENGEN COOPERATION
Article 48
Local Schengen cooperation between Member States’
consulates
CCI, VIII, 1-3-4
15.9.2009
EN
15.9.2009
Official Journal of the European Union
TITLE VI
FINAL PROVISIONS
Article 49
—
Arrangements in relation to the Olympic Games and Para­
lympic Games
Articles 50
—
Amendments to the Annexes
Article 51
—
Instructions on the practical application of the Visa Code
Article 52
—
Committee procedure
Article 53
—
Notification
Article 54
—
Amendments to Regulation (EC) No 767/2008
Article 55
—
Amendments to Regulation (EC) No 562/2006
Article 56
—
Repeals
Article 57
—
Monitoring and evaluation
Article 58
Entry into force
—
L 243/57
EN
L 243/58
Official Journal of the European Union
ANNEXES
Annex I
CCI, Annex 16
Harmonised application form
Annex II
Partially CCI, V, 1.4.
Non-exhaustive list of supporting documents
Annex III
CCI, VIII, 2
Uniform format and use of the stamp indicating that a visa
application is admissible
Annex IV
CCI, Annex 3, Part I
Common list of third countries, listed in Annex I to Regu­
lation (EC) No 539/2001whose nationals are required to be in
possession of an airport transit visa when passing through the
international transit area of airports situated on the territory
of the Member States
Annex V
CCI, Annex 3, Part III
List of residence permits entitling their holders to transit
through the airports of Member States without being
required to hold an airport transit visa
Annex VI
Standard form for notifying and
annulment or revocation of a visa
—
motivating
refusal,
Annex VII
CCI, Part VI, 1-4, Annex 10
Filling in the visa sticker
Annex VIII
CCI, Part VI, 5.3
Affixing the visa sticker
Annex IX
Regulation (EC) No 415/2003, Annexes I and II
Rules for issuing visas at the border to seafarers in transit
subject to visa requirements
Annex X
CCI, Annex 19
List of minimum requirements to be included in the legal
instrument in the case of cooperation with external service
providers
Annex XI
—
Specific procedures and conditions facilitating the issuing of
visas to members of the Olympic Family participating in the
Olympic Games and Paralympic Games
Annex XII
Annual statistics on uniform visas, visas with limited terri­
torial validity and airport transit visas
—
15.9.2009